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Person G (grandfather) had self-acquired property, including a house and a shop. After G's death, his wife H (grandmother) made a will in favor of their three sons: A, B, and C. All three sons now have their own children. Son A has two sons (D and E) and one married daughter, F. After her marriage, F was unaware of how the property was distributed. Her name is not reflected in the Jamabandi (revenue records), whereas A, B, C, and their wives are listed. Sons D and E have a share, but daughter F does not. Recently, son D (of A) filed a partition suit against his uncles B and C. Questions: • Can F (daughter of A) file a suit for partition against her brother D? • Does this situation constitute a coparcenary under Hindu law? • Is the will made by H (grandmother) legally valid and enforceable? • Can F claim a share in the property during the lifetime of her father A?
Yes, F can file a partition suit claiming her right as a daughter, even if her father is alive. If the property is ancestral or coparcenary, she has equal rights. If it’s self-acquired and willed by the grandmother, the will must be verified. A court can check if it’s legally valid and fair. For further legal assistance contact us on our helpline number.