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can daughter from first marriage claim share after father's divorce?


27-Sep-2023 (In Divorce Law)

One of my friends got divorced almost seven years back . He is the husband and a daughter was born out of this wedlock. The divorce was obtained by mutual consent. He has subsequently married and has become the father of a son who is now eight months of age. His father has expressed his wish to bequeath the ancestral property in his favor. This friend wants to know whether the daughter has any legitimate claim over this property irrespective of the Will.

Answers (1)

Answer #1
249 votes

If it is a ancesteral property then as per Section 6 of Hindu Sucession Act 2005, the daugther shall have equal rights.

Hence we suggest that the daugther can file suit for partition thereby seeking your claim.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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