• Right of married daughter on expired fathers property

As informed by some lawyer, there was a ruling by 3 judges out of a panel of 5 judges opposing the rights of a married daughter's claim on fathers property. The 3 supreme court judges have opinion that a married daughter cannot claim for property at both ends.. 1. Her in-laws and second on demised parents property. Is it true?
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

Every daughter, irrespective of the fact that whether or not married, is entitled to claim a share in the self acquired property of her father by virtue of operation of section 8 of the Hindu Succession Act.

Besides, the same daughter after he death of her husband is entitled to inherit the deceased husband's property amongst the other legal heirs.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

The right of inheritance of married daughter is well protected if the father dies intestate irrespective of nature of property provided date of death of father is post 2005.

This position is not alterted by the decision of any supreme court.

Devajyoti Barman
Advocate, Kolkata
22777 Answers
484 Consultations

5.0 on 5.0

Daughter has equal share in deceased father property

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Nominee is only trustee for legal heirs

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

The daughter will have equal right in the share by virtue of section 8 of the Hindu Succession Act.

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

According to law, a nominee is a trustee and not the owner of the assets. In other words, he is only a caretaker of your assets. The nominee will only hold your asset as a trustee and will be legally bound to transfer it to the legal heirs.

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

There is no such judgement of Supreme Court which prevent the married daughterd who claim right in father's self acquired property. In Ashok Kumar Thakur vs Union of India 2008 the 5 judges bench of the Supreme Court has held that a married daughter cannot claim in retiral benefits of deceased father.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

After the death of father the right over the property equally distributed among his legal heirs. As per the Hindu succession act Daughter has equal share in deceased father property and a nominee is considered as a trustee,

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

1. The statement is wrongly drafted.

2. On the demise of her parents she succeeds to their property through natural succession if they die intestate. The share of a daughter is at par with that of son in the self acquired and separate properties of her parents.

3. In so far as the property of her in-laws is concerned, she has no share therein during the lifetime of her husband. On the demise of in-laws their property will devolve through succession on their heirs i.e widow or widower (as the case may be) and children. If the husband of a woman is predeceased then his share will further devolve on her and her children.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

As informed by some lawyer, there was a ruling by 3 judges out of a panel of 5 judges opposing the rights of a married daughter's claim on fathers property. The 3 supreme court judges have opinion that a married daughter cannot claim for property at both ends.. 1. Her in-laws and second on demised parents property. Is it true?

You have been wrongly informed about this

As per Hindu succession act a daughter is having n equal rights in her deceased father's property if he is reported to have died intestate.

The information passed to you may be about the coparcenary rights which deprives the rights of daughters if the father has died before 2005 i.e., before the enforcement of the latest amendment in this regard in the year 2005.

You can discuss about your problem instead of reproducing any hearsay information here to seek opinion on such vague information.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Rights of nominee in deceased father. Second name in property of mother. Right of nominee

A nominee is just a trust to receive the property of the deceased and to distribute the same equally among the legal heirs/successors in interest to the deceased.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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