If she is an illegitimate wife then only daughter will have right and not wife
Daughter of second wife havethe share on father property or not if father die before 1995
1. If it were to be father's self acquired property and if the father died intestate (without executing a WILL), then the daughter, irrespective of second wife's or first wife's daughter will be entitled to equal share in her father's property.
2. However, if it were to be ancestral property, then the daughter
Daughter from second wife also have right on biological father's self acquired or inherited property.
Wife died daughter want share father die on 1990...is it legal
2. However if it were to be ancestral property, then the daughter will be entitled to have equal share on par with brothers, as per the amendment in 2005 to the Hindu Succession Act, 1956, and the father and the daughter should have been alive as on [deleted]. However as per single bench judgement of the Hon'ble Supreme Court, it has been held that, irrespective of father's date of death, the daughter will be entitled to equal share in the ancestral property and there is no need for the father to be alive as on [deleted]. Due to conflict of judgement, the matter has been referred to a 3 bench of the Hon'ble Supreme Court and it's opinion is awaited.
3. In the instant case, even though, the daughter's father and mother died in the year 1990 itself, the daughter has to wait for the outcome of decision of 3 bench of the Hon'ble Supreme Court, if the property is ancestral. If it were to be the self acquired property of her father, the second wife's daughter is entitled to equal share and in this case the daughter can take immediate action to get her share.
Ans: Yes if the marriage was legal and the first marriage was legally divorced then the daughter has right to claim her share in the property.
Respected sir...
Yes she have the right in that property firstly it was made that who died before 1995 there daughters do not have any right in the property later on it was made 2005 and now a days whenever death was happen daughters have right in the father's property...
Thank you
- As per Supreme Court , now a daughter whether married or unmarried is having equal share in the Ancestral property i.e. an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property.
- Further , the daughter would not get property rights if the father died before the amendment came into force.
- Since, father expired before 1995, hence second wife daughter is not having any right to claim over the said property left by deceased father.
1. if the property is ancestral and the property is not partitioned till today, the daughter can claim the share,
2. if the property is self acquired by the father and he died intestate and the property is not partitioned, yes, the daughter can make a claim,
Daughters are equally entitled to father's property along with sons even her father has died before the year 2005.
Daughter of second wife is the biological daughter of father and a legitimate child of the father, hence she is entitled for her legitimate share out of her father's property who is reported to have died intestate, as a right.
Yes, she can claim a share out of her deceased father's property as a right.
It's legally maintainable.
1. How is year 1995 relevant?
2. Be that as it may, children from second marriage succeed to the property of a Hindu male dying intestate in the same manner as children from first wedlock.
After the death of father his legal heirs have equal right in his property. If a daughter born in wed lock of second wife then she got the share .
Daughter has got share automatically by way of succession.
1. IF Father did not leave any WILL, THEN "ALL" his residual legal heirs (including daughter from 2nd wife) have EQUAL rights in his property/s, without any exceptions.
Daughter of second wife will get proportionate her share of the of the property irrespective to the year.
If the property is not ancestral all sons and daughters shall have equal right to the property of their biological father irrespective of date death of father .
Yes, the Daughter of second wife is entitled to share in the self acquired property left by the deceased father.
Further, the Daughter of Second Wife can make a claim for her share in the property left by the Father.
Yes is it legal, and daughter is entitled to claim her share.
1. Yes daughter will get share from property of her father even if father died before 1995 and she was born from second wife.
2. Yes it is legal as per Hindu succession act 1956