• Rights of a daughter in father's property

What are the rights of a daughter in her parent's movable and immovable property if she have a brother also (both adults) ?Assume both parents have deceased and left no will
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

Daughter has equal share in property as son on The demise of parents

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

The daughter have equal rights of inheritance with her brother.

If the father has left self acquired property then the same would be equally divided among brother and sisters.

If the father has left ancestral property but has died after 32005 then alos the daughter has equal right of inheritance along with sons.

The daughter has equal right of inheritance of ancestral or self acquired property of mother.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

If the parents died intestate with creating any document with regard to their movable and immovable properties, then after the death of parents as per Hindu succession act Daughter has equal share in their parent’s property .

The Hindu Succession Act 1956 did not give daughters the right to inherit ancestral property, unlike their brothers who were considered sole heirs. Women could only ask for sustenance from the family. This changed with an amendment that came into effect from September 9th, 2005. A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005. The daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

If both parents died intestate then their share devolved through succession equally on all their children. The share of a daughter is at par with that of son, which she can cull out by filing a suit for partition in the civil court if her brother does not give her her legitimate share.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The daughter is having equal rights to that of the son in the properties left behind by her parents who are reported to have died intestate.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. Since your parents are no more and have died intestate (without executing WILL), then you and your brother are entitled to equal share in the property.

2. Each of you is eligible for 50 percent share in your parents' movable & immovable properties.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

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