• Second wife daughter got share from father property or not if father died before 1995

Daughter of second wife havethe share on father property or not if father die before 1995
Asked 10 months ago in Property Law
Religion: Hindu

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32 Answers

If she is an illegitimate wife then only daughter will have right and not wife

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

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 

Shashidhar S. Sastry
Advocate, Bangalore
3407 Answers
193 Consultations

5.0 on 5.0

Daughter from second wife also have right on biological father's self acquired or inherited property. 

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

Yes daughter can file suit before the court seeking share in the property.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
3407 Answers
193 Consultations

5.0 on 5.0

1) second wife daughter has equal share in deceased father self acquired property 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

Then she has a right unless father had any will Denying her share. 

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

Daughter can claim share in deceased father property 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

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.

Garima Anil Mehrotra
Advocate, Mumbai
512 Answers
1 Consultation

4.9 on 5.0

Dear Sir/Madam, 

The said daughter is entitled for the share as per law. 

Ganesh Singh
Advocate, New Delhi
6605 Answers
13 Consultations

4.5 on 5.0

Yes it is legal

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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

Dinesh Sharawat
Advocate, Delhi
1250 Answers
12 Consultations

4.9 on 5.0

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. 

Mohammed Shahzad
Advocate, Delhi
6272 Answers
64 Consultations

5.0 on 5.0

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,

Suneel Moudgil
Advocate, Panipat
2341 Answers
3 Consultations

4.7 on 5.0

Yes, she will get share of her father's properties even if her father died in the year 1995.

Krishna Kishore Ganguly
Advocate, Kolkata
25165 Answers
726 Consultations

5.0 on 5.0

Daughters are equally entitled to father's property along with sons even her father has died before the year 2005.

Krishna Kishore Ganguly
Advocate, Kolkata
25165 Answers
726 Consultations

5.0 on 5.0

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. 

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Yes, she can claim a share out of her deceased father's property as a right. 

It's legally maintainable. 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Hi,yes the daughter can claim rights on the property of her father 

Hemant Chaudhary
Advocate, Gurgaon
4601 Answers
44 Consultations

4.9 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30308 Answers
881 Consultations

5.0 on 5.0

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.

Ajay N S
Advocate, Ernakulam
3734 Answers
79 Consultations

5.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

Daughter of second wife will get proportionate her share of the of the property irrespective to the year.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

second wife daughter has equal share in inherited Or self acquired property of father. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

yes she can claim her share  in deceased father's property. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

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 .

Kallol Majumdar
Advocate, Kolkata
2792 Answers
4 Consultations

5.0 on 5.0

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.

S Srinivasa Prasad
Advocate, Hyderabad
2866 Answers
9 Consultations

5.0 on 5.0

Daughter have share on father intestate death.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

Yes, daughter or son of second wife do have share in the father's property or ancestral property.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

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

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Yes she has a share in her father's property.

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

Although the marriage is illegal and void the children have a share in the father's property but NOT in the ancestral property.

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

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