Time limit for claiming share in parental property by married daughter
Is there any time limit for a married daughter staying away can claim to her share in parental property through court?
Asked in Property Law from Kanpur, Uttar Pradesh
If the father dies on or after 2005 the daughter can claim share in the ancestral property of her father. However there is no such restriction on claiming share in the self acquired property of her father.
In both the case the right for partition of a legal heir has recurring cause of action and hence there is no time limit to file such sui
1) daughter has no share in property standing in name of her parents during their lifetime
2) if parents die intestate daughter can claim share in their property
3) there is no time limit for claiming share in the property
1. As per recent judgement passed by the Supreme Court, daughters will not be entitled to the share of their deceased father's property if the father has demised before the year 2005,
2. The above is applicable to married daughters also.
There is no limitation for seeking partition, it can be sought anytime.
If the parents have died without executing a will then daughter along with other heirs succeeds to the property, which she can cull out by filing a lawsuit for partition. There is no time limit as long as the property is undivided.