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Ancestral property division between brother & sisters
18-Oct-2023 (In Family Law)
I wanted to know about the recent changes to the law about division of ancestral property among brothers & sisters. What kind of rights does a sister(married) have.
The property of your father received through partition will be treated as self acquired property of your father. According to recent Supreme Court Judgments, if the father died before September 2005 then daughters will have no right in the self acquired property of the father. The property will be distributed among your mother and your brother. And the legal heirs of your brother will have right on the share of your brother.
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Adv. Siddhant Sharma
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What is the Supreme Court decision on property rights of daughters?
The Supreme Court ruled that a woman/daughter can be considered a joint legal inheritor as well as a male heir and can inherit ancestral properties equally, regardless of whether the father wasnt alive before the Hindu Succession (Amendment) Act 2005 came into force. 15-Apr-2023
What was the Supreme Court decision in Vineeta Sharma v Rakesh Sharma?
The Court found that the daughter had the right to demand her share of the Joint Hindu Family Property, even if a notional division took place before the 9th September 2005. This is because the notional division was created to determine the share each co-parent has and not a real partition.
What is the right of married daughter in property?
A daughter is entitled to the same property as her mother. The Act does not make a distinction between daughters who are married and unmarried. She gets the same rights as her father, brother and sister in self-acquired properties of her mother. 27-Jun-2023
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