Rights in property

My grandfather had two wives(both of them died). First wife had 1son and 1 daughter and 2nd wife had 4 daughters and 3 sons. This land is 100 year old. There is no will. As my father is first wife son. As my grandmother(1st wife died before 1950) so he married 2nd wife(died on 2016). Since my grandfather is died (1991) before commencement of Hindu succession (Amendment) Act 2005 so property will be shared only among sons right how daughter will get right on it

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Since your grandparents had expired recently, the Hindu Succession (Amendment) Act 2005 will be applicable to their ancestral property and their daughters will have a coparcenary right in the property as well.
If the 4 brothers have been threatening the 5 sisters to sign registration papers and certain other blank documents, an FIR can be filed against them under Sections 503 and 506 of the Indian Penal Code 1860. Two points need to be considered over here-
Since this is an ancestral property, all the daughters have a coparcenary right in it. Thus, signature of just one of the daughters does not take away the rights of all of them, and
Since the signature was taken under coercion, the consent of the youngest daughter will become invalid, per se.
If one of the sisters was forced to sign certain papers against her wish, normally, the first step would have been to inform the Registrar of this situation and request him not to proceed with the procedure. Since the Registrar in your case is non-cooperative, the best you can do is file a civil suit against the brothers. Moreover, it is the duty of the Registrar to ensure that the persons appearing for the registration of any document (including registration of property) are the ones entitled to do it. The brothers, not being the only stake holders and not having the lawful consent of the sisters, cannot register this property in their name; it would be illegal. The Registrar has every power to deny registration under the State rules if he sees any irregularity in the procedure or on the part of the executors. The law is not clear about the default on the part of the registrar, however, in my opinion, it can be one of the issues in the civil suit against the brothers.
As far as the time required for the reversal of the registration is concerned, it really depends upon the adequacy and gravity of your case in the Court. I do not mean to discourage you but property disputes can take anything from months to years. However, this should not stop you from seeking what is rightfully yours. If you are the son of one of the daughters and an adult (18 years of age and above), it is legal for you to institute the suit on behalf of your mother and aunts.

Answered on October 26, 2016.
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Answered on October 27, 2016.
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Since your grandfather married twice and both his marriages were legal, all his sons have a share in his property. However, his daughters cannot inherit a share in his property by virtue of the latest development in the Hindu Succession Act about a daughter’s coparcenary rights in her father’s property and vide Section 8 of the Hindu Succession Act, 1956.

The Apex Court, in a landmark judgment[1], has pronounced that the Hindu Succession (Amendment) Act 2005 shall not be effective retrospectively. The Court held that the right of a woman in her father’s property exists only if the father were alive on September 9, 2005. The 2005 amendment cannot be retrospective in nature in spite of it being a socio-legal legislation. The judgment clearly states that the date of a daughter becoming coparcener (having equal right in an ancestral property) is on and from the commencement of the Act.[2] Section 8 of the Hindu Succession Act 1956 clearly states that an intestate property shall devolve according to the order of kin in Schedule I of the Act. Thus, the entire property shall be divided into 4 parts amongst the 4 sons from both the wives of the deceased.

Therefore, none of the daughters can ever have a direct share in the property.


[1] Prakash and Ors. Vs. Phulwati and Ors., Civil Appeal No. 7217 of 2013

[2] Utkarsh Anand, Supreme Court sets 2005 cut-off on women right to ancestral property, Indian Express (02.11.2015); available at http://indianexpress.com/article/india/india-news-india/supreme-court-sets-2005-cut-off-on-women-right-to-ancestral-property/


Answered on October 27, 2016.
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