• Whether daughter has right in ancestral property after 1956

My father died soon after 1956. I was born in 1948. I got married in 1966. The property is still in the name of my father. I have three sisters(Two Elder sisters and one younger sister). My father married twice. From his first wife, my father had a son. After death of his first wife, my father once again married and we four daughters were born. When my father died, me and my sisters were minors and non had married. My step brother only was a major. I do not have death certificate of my father since my step brother left us to our fate soon after the death of our father and we became orphans with my mother. My step brother has two sons and one daughter. From daughter's side, my son is the eldest grandson. He wishes to claim the property through me. Even today, the RTC is still in the name of my father. My question is (1) Whether I can claim the property? (2) Whether my son being the eldest grandson from daughter's side can claim the property through me if I give authority. (3) Whether the Supreme Court judgement which has come in October 2015 has any bearing on my right? (4) How to get death certificate of my father? (5) How to authorise my son to fight the case on my behalf.

Please give some clues to fight it out as I feel the judgement and law is extremely against women especially minor daughter if a condition is put that father should be alive and it is against fundamental right to equality.

Thanking you.
Asked 8 years ago in Property Law
Religion: Hindu

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9 Answers

1) kindly clarify on what basis you say that property is ancestral

2) property which has remained undivided for four generations is ancestral property

3) on father demise his self acquired property would devolve on his son , second wife and 4 daughters

4) you have one sixth share in property

5) you can file suit for partition to claim your share in property

6) you can execute POA in favour of your son ti file suit on your behalf

7) SC judgment is applicable only in respect of ancestral property and not for self acquired property of your father

Ajay Sethi
Advocate, Mumbai
97462 Answers
7880 Consultations

1. If the property left by your father was his self acquired then you have share in the proeprty along with your mother and sisters and step brother.

2. So you can claim your due share by way of filing a partition suit. Your son has no share in the proeprty.

3. No

4.Death certificate of your father is not required as long as his death is not disputed.

5. You can give power of attorney to your son so he can represent you in all the legal proceedings.

Devajyoti Barman
Advocate, Kolkata
23322 Answers
522 Consultations

1.If your father passed away intestate then his properties devolved through succession equally on his widow and all biological children. You are free to file a suit for partition to cull out your separate share if the other heirs are not agreeable to division of property.

2. A property does not become ancestral property unless it was purchased by great grandfather and travels up four generations without division. So unless this condition precedent is met the SC judgment does not attract.

3. During your lifetime your son has no share in the property.

4. To get the death certificate of your father you have to apply for a certified copy of it in the office of registrar of births and deaths.

5. You may though give a POA to your son to file and contest the case for and on your behalf.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

1. Yes, you can claim equal share of your deceased father's properties being one of his legal heirs.

2. Your son has no right, title or interest on your share of your deceased father's properties during your lifetime.he will get your share of the property after your death intest or if you gift him your said share of the said property.

3. No, the said judgment in in connection with ancestral properties and is not applicable on you.

4. You can claim certified copy of his death certificate from the local Municipal Corporation.

5. You can execute a Power of Authority in favour of your son authorising him to deal with your said court case.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

(1) Whether I can claim the property?

If your father died after 1956 then as a legal heir to your father you have rights to a share in his property, you can file a partition suit and claim your share and separate possession of the same through a court of law.

(2) Whether my son being the eldest grandson from daughter's side can claim the property through me if I give authority.

You son can fight a legal battle on your behalf with the defendant on your behalf seeking your share in the property and not as a grandson to your father.

(3) Whether the Supreme Court judgement which has come in October 2015 has any bearing on my right?

That has nothing to do with this situation.

(4) How to get death certificate of my father?

You can apply for it with the concerned birth and death registrar

(5) How to authorise my son to fight the case on my behalf.

Through a registered POA deed.

T Kalaiselvan
Advocate, Vellore
87660 Answers
2353 Consultations

No, you have no right of share in the temple.

Devajyoti Barman
Advocate, Kolkata
23322 Answers
522 Consultations

1) as per Supreme Court judgment if father had died before 2005 then daughter would not have share in ancestral property

2) your father died in 1956 and you got married in 1966 and willhave no share in ancestral property

Ajay Sethi
Advocate, Mumbai
97462 Answers
7880 Consultations

1. Who is holding possession of the said property of your father being a temple?

2. If it is not a self acquired property of your father then how did he acquire it? Did he inherit it from his father? If he has inherited the said temple after the death of his father, how did its title stood in the name of your father? Without having vital information, it is difficult to advise properly.

3. If the property has been used as temple and out for the use of the village people then it can not be demolished and put to some other use.

4. However, if any property stands in the name of your deceased father who died intestate, then you have equal share on the same.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

The position of law of inheritance to daughter had been clearly defined in my earlier posts.

However there is no question to claim a rightful share in the property which belongs to temple.

You may take the advise of a local advocate by producing all the relevant documents in this regard on all such further issues.

T Kalaiselvan
Advocate, Vellore
87660 Answers
2353 Consultations

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