Daughter's share in property of father who died intestate
In July 2003, my father was died intestate. He had property in Andhra Pradesh. The property(land) was ancestral. House is the only property was built up by his own earning in which my mother used to stay when she was alive (my mother was died in Nov,2012). In 2013, my brother (we are 3 children for my father,I have a sister(married in 1983) who is the eldest , a brother(married 1990) , and I'm the youngest(married in 1990)) has filed a civil suit to claim his shares in the property and other assets.
Still the case is pending and at hearing stage.
I want to know, now as per recent judgement of Supreme Court in case of Prakash v Phulavati of 2010, whether i will have right(my share) on property. Because the amendment was done in 2005 and at that time my father was died.
Asked in Civil Law from Vijayawada, Andhra Pradesh
She has no right over the property.
Advocate, New Delhi
Andhra pradesh was one of the few states to give daughters equal rights as sons way back in 1986. The supreme court judgment is NOT applicable to you as the case pertains to a different state which did not give daughters equal rights as sons till hindu succession act was amended in 2005.
Your rights are by way of hindu succession act as amended by andhra pradesh in 1986. So you do not need to worry at all on supreme court judgment in prakash v pulavati.
In so far as his self acquired properties are concerned all his children including daughters have succeeded equally thereto, whereas in case of ancestral properties the date of death is the deciding factor. Since he did in 2003 the daughters do not succeed equally along with sons to the ancestral property.
1) daughter has no share in ancestral property standing in nane of father if he died before 2005
2) in your case daughters wound not have share in land but have equal share in the house
3) please clarify on what basis you say land is ancestral
Hi, As per Supreme Court Judgement if the father died before 09-09-2005 then daughters have no right to claim share int the Ancestral property.
2. As far as self acquired property of your father and if your father died interstate then you have share in the property.
You said the landed property was ancestral, how are saying that it is ancestral?
Ancestral property as per Hindu succession act is a property that belonged to father's father's father's father's father and it should ave been inherited as it is by all the generations till the fourth generation without partition or any transaction throughout. in that the coparcenary rights i.e., equal rights for daughters also to be given as a result of amendment made i the year 2005.
This was upheld by the Supreme court on the referred case.
This is in respect of ancestral property alone and not for the self acquired property or property inherited through a will or a partition deed.
Therefore see whether the property was really ancestral or you presume it to be one.
Your grandfather's property shall not be ancestral property.
Further you as a legal heir to your father are entitled to a share in his self acquired property.
You can seek partition for all the properties, let the court decide about your entitlement.