Legal Question in Landlord & Tenant Law in India

This is with respect to the redevelopment of an old building (built 1938) in Mahim, Mumbai.

My maternal grandfather was the occupying tenant within the said building for more than 30 years, until his death in 2007. The monthly rent receipts bear his name, even to this date. He is survived by his wife, one married son, one married daughter & one unmarried daughter. Barring the married daughter, all members of the family continued to stay in the said premises until 2010, after which they had to move out & make personal arrangements due to the dilapilated state of the structure. The married daughter too lived in the said premises at varied intervals, until the same period. Currently, the tenants & landlord of the building are engaged in the formal procedures & negotiating agreements for the redevelopment of the premises. A private builder has been approached for the process.

With reference to the above, my query is regarding the status of the married daughter, who would like to claim some stake in the property, whereas the other heirs do not feel it is rightful. Though the current status of tenancy prevails, once redeveloped the property will obviously be handed over to the concerned parties, who would be 'owners'.

In the above case, does the mentioned married daughter lose all stake in the said property or is she entitled to some share there-in?


Asked on 3/29/11, 6:49 am

1 Answer from Attorneys

IqbalAhmed Shaikh Moavin Legal Associates

THE DAUGHTER CAN CLAIM SHARE IN THEANCESTRAL PROPERTY BY FILING CIVIL SUIT FOR PARTITION OF PROPERTY.

AS per Hindu law the daughter takes equal share of sons.

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Answered on 7/07/11, 11:47 pm


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