The Supreme Court held that daughters will have equal coparcenary rights in Hindu Undivided Family properties, irrespective of whether the father was alive or not on 9 September 2005, even if she is married, when an amendment came into force.
In its decision, the Supreme Court clarified two points: coparcenary rights are acquired by daughters on their birth; and. fathers need not have been alive when the 2005 amendment to the Hindu Succession Act 1956 was passed.
Under the Hindu law, property is divided into two types: ancestral and self-acquired. So, by law, a father cannot will such property to anyone he wants to, or deprive a daughter of her share in it. By birth, a daughter has a share in the ancestral property.
The Hindu Succession Act, 1956, was amended in 2005 to give daughters an equal share in parental property. However, it is important to note that if the father died before 2005, a married daughter will not have any right over ancestral property, while the self-acquired property will be distributed as per the will.
Now, since there is no will, the self acquired property of your father shall be equally distributed among all the siblings.
Even if your mother is the nominee, you are entitled to receive the equal share of the property or the amount after the land is given to the government. you can claim the right over it.
If your brother refuses to give you your share of your father's property, issue him a legal notice first demanding your share. If there be no proper response, file a suit in the district court through your local lawyer.
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