Legal Question in Family Law in India
My father have 5 children's(1 son and 4 daughters). My father have 0.5 acre agriculture land at Aligarh UP and my father died without writing any will. Some advocates say that according to Hindu law (Hindu Succession (Amendment) Act 2005) there will not be any shares for daughters in there ancestral property as well as up zamindari abolition and land reforms act.
I know there is a equal rights to daughters also, but this is a joint property since with three brothers (My Father and Two Uncles) which is include my father name. After accidental death of my father in delhi in 1991, after this incident, remove my father name and just add my name in the joint property at Aligarh, UP for my father share with rest of my father brothers. So that joint property not divided my grand father time. Because my father brothers in include that ancestral property in the one account since grand father time. But the daughters are claiming now they are having the equal rights.
I want to know whether they are equal rights or not according to Hindu Law and I also consult with many advocates they are different advise regarding this matter.
Kindly advise ................
Gurudutt Sharma
2 Answers from Attorneys
Coz rights to the girls granted by the law after 2002 and your father died in 1991, therefore they may not get any right on this point but coz ur property is still joint and did not share therefore they may ask for their share. So you have to consult any local lawyer and he will guide you how to save your right.
Regards
Any property which is ancestral when the law giving daughters an equal share came into force will have to be accordingly partitioned only.