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

64 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. Sir,
    I have a query regarding my mothers right in my grandfather’s property. 9 year ago my grandfather passed away . Now my mother and her sisters want der share in der fathers property but my uncle is denying request you to pls give me some idea that my mother and her sis can get der right and how much time will it be take?

  11. 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.

  12. 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.

  13. respected sir , my father is purchasing all the property for my brother or put him as a nominee , do i have any right to claim for my share in or any other way to have smthing in my hand ,my age is 24 years (unmarried)
    All the properties are acquired by my father ,
    Please sir help me , thanx .

    • Brother being nominee does not make a difference. Nominnee is only entitled to receive and hold the property for the benefit of the legal heirs and does not become the owner of the property on account of nomineeship.

  14. if my father gave us a will on 24/04/2004 in the favour of 4 son but it is not provogate.then our sister have a right in property of my father.all the property is come from my grand father and not self aquired by father.plz relp

    • In that case your father was not competent to have willed the property in favour of sons, to the exclusion of daughters as it was not his property to give, but ancestral property. In such cases, you can file a suit for partition through private counsel or legal aid lawyer

  15. I am a unmarried girl(30) My father and mother was died. Now i live with my young sis and married brother his wife and 2 childrens.
    I brother didn’t spport me me and my sister we paid them for elctircity, gas, vegetables and all. But now its comes to property my brother refuse to give us our share i m so helpless. Plz tell me how can i claim him for same

  16. Sir wat the rights of daughter when she has a step mother and tat stepmother now has been married to other person leaving my dad and now she is asking for my dad’s half property and 4lakhs she also has a son from my father and I have 2 siblings

    • The answer would depend on the nature of the property; whether the property is self acquired property of father or ancestral property; in the former case he could validly will it away to his sons, however, in the latter, he cannot exclude the daughters

  17. We are 11brothers&sisters and all married.Three sisters r widow.We want a part of the immovable property to distribute proportionately among four stake holders out of our parental property who expired long back.should such decesion be taken in a family meeting by only 6 brothers headed by karta or the sisters also need be taken in the loop?

  18. respected sir my parents are expired n my brother refused to give me my share in my parents property i have no docoments of property and my parents had no will behind them so plz suggest me how could i apply a case of partition agaist my brother

  19. 2005 se pahle ladkio ka right city ke property per ladko ke equal tha ya nahi….dono pe….plz rply detail me dijie ga me sir ji…….

  20. dear sir
    i am a physicaly handicapped girl in my family,i have 4 sisters no
    brothers,my father is died,i have a mother,i went to now my right
    in my fathers property

  21. Hello, m only child of my parents… My mother was also working…. She expired four months back….my father gets her pension too….now he is planning to remarry which I oppose…my mother has made great efforts to build our bungalow which is in my fathers name…my name isn’t mentioned anywhere….I don’t want any third party to take hold of our property… Cud u please guide Wat can I do…m a nominee in the ac of my mother’s pension which my father gets…. I’m second holder in locker also

  22. Dear sir,
    I have one query below
    my mother was died on 1994
    after that her father (my grandfather) taking care till 13yrs (till 8th std) after i studied by doing part time job.
    My mother father has self owned asset. He doesn’t give shares to his two daughters.
    Will am i rights to get my mother share from him. Because he was not giving anything from his asset.

  23. Sir could you please tell me if my daughter has a right on her father’s ( we are divorced since 2003) property which is ancestoral and what is the percentage she is eligible for, she’s 16yr old.

  24. Sir,
    Mere father ki death 2011 mai hui hai unhone 2010 mai ek will banwai the jo sabhi 9 bhai behno ke naam par equally shared the uske baad unki tabiyaat kharab ho gai or voh kissi ko pehchanne mai bhi assmarth ho gai is moke ka fayada hutha kar doo bhaiyo ne will apne naam se banva le uswill par unke anguthe ke nishaan hai or jo pehle wali will hai uspar unke signature hai hamara 6 saal se
    Family court mai case chal raha hai par abhi tak koi responce nahi hai is situation mai hame kya karna chahiye dono bhai 16 saal se hum logo ke saath nahin rehte the par jab father bimar ho gai or icu mai the tab voh log apna saaman le kar ghar par aa gai mai sabse choti betti hun or 15-16 saal maine he kama kar apna or apne bhai bahen or maa pitaji ka khayaal rakha or ghar challaya par ab voh log hume ghar ke andar bhi nahin aane dete essi haalat mai hume kya karna chahiye.

  25. Sir
    My paternal house is in lucknow and as per the will it has six shares(my late grandmother,my four paternal uncles and my father). My grandmother transfers her share to my youngest uncle and also one of my uncles gave away his share for some money.. so now there are 4 people for claiming the property.
    I have been married since 2012 and my father got expired in 2013.
    In that house only two families are residing. .one is my eldest uncle n his wife (no child) and my youngest uncle with his wife , son , daughter in law and grand son. My mother is leaving with my maternal family .
    Please guide me about the process of evaluation of my share in the property and claiming for partition.
    Thanks

  26. Sir, we are three brothers and four sisters my sisters got married in the 60″s and my father expired in 1975 , three of my sisters have passed away , their children along with my brother in law have started claiming their share in my fathers property, what is the legal status as when they got married dowry was already given.

  27. Scenario:
    1. Father have 3 sons and 3 daughter.
    2. Father registered all his property within 3 sons name in 2001 which 3 daughter is unaware of those.

    Can 3 daughter claim their part of the property(1/6th each)?

    • Was it the self acquired property of the father or an ancestral property ? In the first case, he could have validly excluded his daughters, however, in the latter case, he could not have and the latter alienation can be challenged.

  28. my father has 6 brothers and one of them has died 22 yrs i.e in 1993 ago .then he is having a daughter of 11 months age. at that time all the brothers divided the share of deceased brother’s share in to 3 parts for the mother, wife and daughter and distributed the same.7 yrs back she made a claim on all the brothers and later with drew the same .now the daughter is a major does she have any right to claim her share as she is a minor when all this was happend? she is getting married now does her spouse have any right o behalf of her?

  29. Hi sir
    Mera naam
    neha hai our muze mere papa Kay property may hise Kay liye notic bhej na hai to aap iss bare may Kuch information de sakate ho kya ???
    Mere papa ki death 2006 may huvi hain our mere papa ki property Jogeshwari may hai us ki value kariban 25 lac hai but mere mummy ne ye property mere Bhai Kay naam pe kiya hai to kya hum 4 sister KO us property may share Kay liye apply kar sakate hai kya

    • Aap iss property ka partition/batwara maang sakti hai. Ab kanoon beton or betiyon me bhedbhaav nahi karta aur dono ko barabari ka hak deta hai. Apne nikat-tam vakil sa’b se sampark kariye ya legal aid ke daftar me jaiye.

  30. Sir.. My father has 3 sons and 3 daughters. All are married. He is giving all his property to his sons and not willing to give us!
    Can we file a case against this?
    And claim over the ancestral property?

    • If the property is not the self-acquired property of the father, in other words, if it is an ancestral property, then the daughters can claim partition and the father has no right to give the property away to his sons to the exclusion of his daughters. Daughters have an equal right with the sons.

  31. Sir, my question is my mother is 4th daughter of my grandfather and mother. My grandfather died 2 years back left his house which is named in my grandfather only. Now she decided to gift it to my mother and another aunty without giving any portion to other 2 sons as they tourcherd and leave my grandfather lonely after his husband death. Now questions are is there any law that both hooligans (two sons) can ask for their portion on it. Also though this house totatly occupied by my grandfather then by any chance are they can go to court for asking for cancelling deed to say that their father gave money at the time of purchasing the house

  32. I was married to a woman who has retinitish pigmentosa in her eye from by birth.And currently there is no surgery of it.She is 100% blind.Her father cheated me.They told to give property to her daughter from his self purchased property after marriage in the name of her daughter.Can my blind wife get some share legally from her parents self purchased property?Some property in the name of her mother and some are in the name of her father.Now,Her parents cheated to my wife and me.Tell me some possible way to get some share.please!Do reply

  33. ancestral pHi Sir,

    Please assist me on the below question.

    One my friend father expired 25 years back, there were 2 types of property i.e., ancestral property and self acquired property. My friend is 4th female heir and she has 3 elder sisters. Currently properties are in her mom name after her father death.

    Please advise if her mom can transfer the self acquired property to only her 4th daughter or all the 4 daughters will be having equal rights. And how about ancestral property will work out?

    Note: All fours heirs are married

    Please provide your valuable suggestion.
    roperty

  34. Sir, can you plz help me out.
    M telling you my case. I m divorcee having a kid and i m living with my parents. I have a sister also who is married and living with her husband. We dont have any brother. Whole property is earned by my father(nothing from ancestors) and is on my mother’s name. So as they both are alive, can i file a case for my share??
    How can i get it??
    If possible mail me ur comment.
    Plzz
    Thank you.

  35. Hello I hv to ask if I hv nt any continuous source of income n i m unmarried leaving alone in different state may I gt the share in my father’s property frm til my birth my father didn’t do anything for me now I m deciding to tke share for my future .so plz suggest me

  36. My daughter and I are inheritors of my father in law ‘s ancestral property as my husband who was the eldest son passed away and no partition has been done until now that.my father in law passed away
    Please advise how to get my daughter our only child her father’s share. My father in law passed away this year

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s