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Indian Law/Daughter's right in father's property


I am 58 yr old married woman from Tamil Nadu. I have 3 elder brothers. My father died in the year 2004. Due to an issue I was not in good terms with my brothers & lost touch with them after my fatherís death. My father had immovable properties in Chennai & native town near Arakonam. Without my knowledge my brothers had divided the properties among themselves. I do not know how & when this was done. Now in my old age I require financial security. I would like to contest for my rights & inheritance now. What should I do?
Is there a timeframe the contest the case?
Do I stand a chance of getting my due share?
What will happen if my brothers have sold the original properties they had bequeathed & invested the amount somewhere else?

If a Hindu dies without making a WILL,then the wealth left by him are distributed amongst his legal heirs preferably equally to his class-I heirs comprising son,daughter,widow,son/daughter of a predeceased son/daughter etc. and otherwise to class-II heirs comprising father,brothers/sisters per the order prescribed in the Act.However,prior to amendment of the Hindu Succession Ac,1956 the daughters were excluded from participating in the coparcenaries ownership and thus discriminated  on the ground of  gender. It also led to oppression and negation of her fundamental right of equality guaranteed under Article 226 of the Constitution of India. Parliament felt the same and accordingly decided to make in necessary changes in the law.  Accordingly, Section-6 of the Hindu Succession Act, 1956 was substituted by a new provision vide the Hindu Succession (Amendment) Act, 2005 under which  daughters including married daughters are also entitled to equal shares in the properties left by a deceased person.
In the instant case,if your father died after the coming into effect of the above Amendment, then you would have definitely  been entitled to  equal shares in the property with your brothers.However, since he died in 2004,you shall not be entitled to any share in the property, unless it was given to you by way of WILL.Further, the true co-owners of the property can divide the properties amongst themselves through a Partion-Deed.All or any of them can also sell their portion of the property.Nobody could prevent it because they are the owners of those properties and they can deal with it in such manner as they think fit.
Alternatively, you can enter into a Family Settlement Deed to maintain peace and cordial relation in the family and for equal distribution of wealth.Even courts have recognised such mode of settlement.
Apparently, you do not have any share in the property referred to above,unless it was given to you by virtue of a valid WILL.However, you may consult a lawyer for further necessary advice in the matter and follow the same.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



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Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

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I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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