• Daughter's right on property

Whether daughter may claim equal share in father's property which were earlier divided by partition by father among her brothers
Rgds
Asked 3 years ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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11 Answers

Daughter has no share in said property during father lifetime 

 

on his demise intestate she would be one of the legal heirs of property 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

If it is an ancestral property,  you can claim as a daughter.

If it is a self earned income of your father, it is his decision to distribute as per his wish.

If it's a partitioned, then your right may be infringed without giving a share to you.

So you can claim your share .

Kumaresan
Advocate, Coimbatore
38 Answers

1. If the partition amongst her brothers was through a registered Partition Deed before Twentieth December Two Thousand Four ([deleted]) and the document registered in the jurisdictional Sub Registrar's Office and mutation effected in revenue offices, then the daughter can't claim right now.

2. However, if there were to be oral partition or through unregistered partition deed before Twentieth December Two Thousand Four ([deleted]) and the mutation has still not been effected in revenue offices, then the daughter can now claim her entitled equal right on par with her brothers.

3. In case, the Partition amongst her brothers was subsequent to the Amendment to Hindu Succession Act, 1956 in 2005, i.e., [deleted] ( Ninth September Two Thousand Five), then the daughter can now claim her entitled equal right on par with her brothers.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

If it was father's self acquired property and it was distributed by father to his sons during his lifetime by executing a registered partition deed then the daughter do not have any rights over this property which is not available on the date of death of her father.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

If it's father's self earned property and if father is alive than daughter can't claim her share in the property.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

i dont think so

if the partition had happened already before the amendment came by which daughters were given equal rights in HUF property, then such partition cannot be disturbed, since the amendment was made prospective in nature. That means on and from 9.9.2005 when the amendment was introduced in the Hindu Succession Act, the daughters can claim equal rights with the sons

however if prior to 9.9.2005 there was already a division of the ancestral property then the daughter cannot claim 

however the share which the father got upon the partition, from that the daughter can claim after demise of the father, in the capacity of his legal heir u/s 8 read with schedule 1 of the act 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

In case of father’s death intestate, daughter would be entitled to an equal share in the property.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If it's happened by legal registered partition deed  before 2005 then she cant claim. But I'f it's ancestral property then she can claim 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

- If father got the said property share after partition , then after getting the said property it will considered as self acquired property of father, and he will have his right to transfer the property to anyone as per his wish , and further none having right to claim a share in the property during his life time. 

- However, after the demise of father , his all legal heirs including daughter can claim equal share in the property left by the father. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If daughter is not given her due share, which is equal to son’s share she can reopen the partition if the partition took place after 20th December 2005 as of right. Any partition prior to that date can be reopened on ground of fraud.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Dear client As per the amendment, a daughter is recognized as a coparcener in the ancestral property, i.e. she has a right by birth in the ancestral property, and thus, a daughter will have an equal share in the ancestral property as that of a son even after marriage

Anik Miu
Advocate, Bangalore
11015 Answers
125 Consultations

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