Daughter’s right in father’s property ? How to seek a partition

Since this is an area of profound concern these days, and I’ve been facing endless queries on this, here is a basic & overly simplistic layman’s view on the law as it was before 2005 and after it vis-a-vis daughter’s right in joint family/coparcenory/ancestral properties among Hindus in India.  

Concept of Joint Family in a nutshell

We all are aware of the concept of a Joint Family – wherein people related by blood/marriage descending from a common ancestor form a unit, live, work, worship together. This includes all sorts of people, sons/daughters (married, widowed or otherwise), mother, widows of sons etc. All these people have right to maintenance out of joint family properties and assets.

The Coparcenory

Within this group there is a narrower group called the coparcenory, with it’s constituents being referred to as the coparcenors have birth rights (ownership) in the joint family/ancestral properties, which they can get culled out anytime by a paritition, they have the right to sell/gift/will away their share of the property, they also have the power to assail any wrongful transfer of property made by Karta (Karta, for those who arrived late is the eldest lineal member of the family, entrusted with task of managing the property, Karta has the power to even alienate the whole of property in certain circumstantial compulsions).

BEFORE 2005

Now before 2005 only son, son’s son, son’s son’s son were coparcenors, with the daughters only having a right to reside in the property and get their marriage expenses defrayed out of the same. A son would acquire proportionate ownership in the property moment of it’s conception, but not the girls.

POST 2005

Post 2005 – now a daughter also would acquire ownership rights on the property from the time of her conception (provided ofcourse she is born alive). She has the same rights of partition and power to deal with the property as she pleases, this right extends to seeking a partition and sale of the family home as well. Hence there is a complete parity in terms of rights.  However it would be profitable to remind ourselves that these rights extend to only ancestral properties (or joint family properties – are properties which people inherit from their paternal ancestors/property through into common hotch potch/property acquired by joint family efforts/accretions etc) and not separate properties (which include property earned by gift/will/acquired through purchase from own funds/acquisitions from own skill etc.)

But there is a rider – The right to get your equivalent share of the property can be exercised only in cases where there has been no formal partition (partition either through court final decree or through a registered partition deed) before 20.12.2004. In case a partition has already been finalised before the said date, the right collapses.

HOW TO ASSERT YOUR RIGHT ? FILING A SUIT FOR PARTITION  

The Daughters (married, widowed or unmarried) now can approach the civil court for seeking a partition from their brothers/family/father etc. Their right is equal. Once acquired a lady is free to deal with the property the way she likes and it becomes her absolute property and her children have no right during her lifetime.

A Daughter can file a suit for partition, on which certain court fees is payable. This court fee depends on the value of her share in the property and has to be calculated as per court fee chart.

….Family Law Primer by Adv. Bharat Chugh

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14 thoughts on “Daughter’s right in father’s property ? How to seek a partition

  1. sir, kindly explain what will be the senario in the case where the father dies leaving behind his separate property, which is not subjected to any testamentary disposition as such, and whether the married daughter would also get the share in such property on her father’s death…and if so, can she claim for it through the court..???

    • yes. presuming both father and daughter are hindu, being a class 1 heir to her father, she will have equal share in his self acquired property as the son, mother and widow. her status as married, unmarried, divorced or widowed is irrelevant. please refer to section 10, hindu succession act.

  2. Sir my father is alive and not living with us since 6 years.I have 1 brother only. My father wants to give all property share to my brother only. Is there any way out I can ask for my share. Please suggest if my father is not agree to provide me the equal share. I am married and having 1 kid. Me and my husband is staying in my parental house with my brother.

  3. Sir Please suggest when happen in when a married/unmarried daughter what her rights on Father’s property when her father is alive in a hindu family.

  4. Sir needed a lil info if the father has expired givng his all property to wife and further the wife has divided it to her sons before 2004 does a possibility of a daughter claiming her share go to the court now….

  5. Sir,
    I want to know is there is any right to Diseased daughter in father property after his death (daughter death is prior) or can her husband & daughter can have any claim on it. Younger daughter is surviving. Younger son is expired before father & daughter & his wife & daughter are surviving. Pl help.

  6. Dear Sir,Kindly Explain what will be the scenario when a Son(Dead on 2007) has sold the ancestor property before 2005 i.e. 2001 which was on the name of his father(Dead on 1997), then can married the daughter (age 58 and age 60) claim on the property , then what will the property buyer will do as Who has bought the property, will he lose the land …

  7. Sir,
    We are a family with 3 brothers and a sister,we 3 brothers gifted all the movable assets of our father as gift to the sister during marriage and few years there after during 2007,our sister and her husband had signed a deed stating that she doesn’t want any share on the immovable assets.

    My sister have 2 daughters and they are major now.They have filed a case against all of us asking for a share on the ancestor property.

    Is it correct for the daughters to claim even after the mother had given NOC on the property.

    Appreciate your valuable advice.
    Regards,
    Udhay.

  8. What if the marraige of both sisters is done before 2005?
    And sisters were provided by dowry and all the things were arranged by their inlaws wish…
    And its only my and my parents property made as I m a property dealer..and I have kept name of my parents in all the properties purchased after their marriages. ..
    can they claim those ss it is a part of my business dealings???

  9. something is little unclear in this discussion, Can some one please let me know, if father writes all his self acquired property in his son’s name on a ‘will’ and refuses to give anything to his daughter (married). In this case Can daughter demand for equal share in her father’s self acquired property??

    • The marraige of my both sisters is done before 2005. Ie in 1897 & 2001.And sisters were provided by dowry and all the things were arranged by their inlaws wish…
      And i am a property dealer and i and my father both had purchased properties together on our boths name…so now its only my and my parents property made as I m a property dealer..and I have kept name of my parents in all the properties purchased after their marriages. .so my question is can my sisters claim these all properties. .all are alive and no will is made uptill..investment is all part of my business dealings.

  10. Hello sir, Is my wife and her sister are eligible to get share in his fathers property. He is having some plats but they are in his son’s name. they got registered after 2010. If they have right how to proceed to get the share in that property.

  11. I am an unmarried 29year old girl.my father has already transferred property on my brothers name.nd now thy are not doing anythg for me.from the past 6 years m doing everything on my own but now I have to get married also and wana go abroad so gor that I need money.can I claim from them.

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