• Daughter's share in father's property

Hi,
My father bought a house in 1990 on his name only and he passed away in 1998 without making any will of his property. We are 2 brothers, 1 sister (Divorce, its me) and my mother. Now my question is what is my eligibility to claim share into that property. 
1. Can I stay in that house? 
2. Am I eligible to claim my share if we decide to sell this house?
3. Recently we heard that if father passed away before 2005, daughter's are not eligible to claim their share in father's property. How it will impact in my case?

Thanks in advance !!!
Asked 1 year ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) on your father demise you have one fourth share in the house 

2) you can stay in said house 

3) the judgement of SC is only n respect of ancestral property and does not apply to self acquired property of the father 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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1) even if you have another flat in your name will not disentitle you tick auntie one fourth share in father property 

2) you have good case on merits 
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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Since you are from Bengal the said decision has no applicability. Those who are governed by mitakshara school of succession are covered by that decision.
Since you are a Bengali you are covered by dayabhaga school of succession.
In other words you have equal share in the property along with your siblings and parent.
 If you don't get your share file partition suit.
Feel free to contact if you need my further assistance
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Since this is your father's self acquired property and has died intestate, your mother, 2 brothers and you are entitled to equal share in the property. Each one of you is entitled to 1/4 th share in the property.
2. You have the right to stay in the property.
3. You are entitled to claim 1/4 th share in the property.
4. Recent Amendment to Hindu Succession Act does not affect your 1/4 th share in the property, as the referred property is your father's self acquired property and has died intestate. The recent Amendment is in respect of Ancestral Property only.
5. Since the Flat you own is your self acquired property and it is your wish and will to either retain the property or to dispose off the property in any manner you like and no other person shall have any right over the same.

Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
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Hi, as per Latest Supreme Court Judgement if the partition taken place after 2005 then only daughter has right over the property other wise daughter has no right to claim share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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1. Since your father died intestate all his heirs i.e his widow and children succeeded to the property. The share of daughters is equal to the share of sons.

2. The recent ruling of SC applies to a property which is ancestral, which is not so in your case.

3. You have the right to cull out your share in the house by filing a lawsuit for partition in the court. 

Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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The flat which is registered in your favour is owned by you to the exclusion of all. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1) you have the right to stay in the house as the property was owned by your father; your mother, 2 brothers and you are entitled of equal share in the property. so you have the 1/4 share of the property. 
2) you have the right to stay in the house till the partition is done. 
3) the judgement of SC is based on ancestral property and is not applicable to the property earned by your father himself. 
4) The flat on you name will not effect the partition of your father's property. 
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
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1.You are authorised to stay in your father's house,

2.  As per recent Judgement passed by the Supreme Court, daughter is not entitled to the share of her father's property if the father has died before 2005,

3. Based on the above you have no right to claim share of the sale proceeds in case your father's house is sold by your brothers.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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The flat standing in your name will continue to be yours under the stated circumstances.
Krishna Kishore Ganguly
Advocate, Kolkata
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233 Consultations
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My father bought a house in 1990 on his name only and he passed away in 1998 without making any will of his property. We are 2 brothers, 1 sister (Divorce, its me) and my mother. Now my question is what is my eligibility to claim share into that property. 

You are entitled to 1/4th share in the intestate self acquired property of your deceased father.



1. Can I stay in that house? 

Yes,, very well, until the house is partitioned.


2. Am I eligible to claim my share if we decide to sell this house?

Yes you are entitled to a legitimate share in the property.



3. Recently we heard that if father passed away before 2005, daughter's are not eligible to claim their share in father's property. How it will impact in my case?

You have been misinformed about this concept.  That aspect is only for the ancestral nature of party, the recent supreme court judgement will not have any impact to your case because there is no relevancy to this.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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Thanks for you answer. I am having another flat on my own name. Hope this will not impact the above answer and it will remain same. Please confirm.

You may any number of flats or self acquired properties, they belong to you acquired through your own income or sources. This has no impact to your claim seeking your legitimate share in your deceased father's intestate properties.  You can be rest assured about it.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0

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