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What are the legal rights of a daughter in fathers property
17-Feb-2023 (In Family Law)
My query is in light of a Supreme Court judgment on legal right of a daughter in father’s property. MY mother death is earlier to my father death. My father expired in 1992. He has not made any Will for one self acquired property. Our family has two brothers and five sisters and myself . I am the youngest son. Among five sisters, first sister got one son and she died during 1978. After that, our 2nd sister marriage to 1st sister husband. First case has been filed during 1999. Let me know whether the SELF ACQUIRED PROPERTY share is eligible for 1st sister son as per latest amendment/ Supreme Court judgments. We are paying the property tax in my father name only.
According to recent Supreme Court Judgment, if the father died after September 2005 then daughters will have equal share in the self acquired property of the father and it will be distributed among all the legal heirs and your mother can claim for equal share in the self acquired property of your father.
If father passed away before September 2005 the daughters will have no share in the property.
But if the property was an ancestral property then the property will be distributed according to the Hindu Succession Act.
If father passed away before September 2005 the daughters will have no share in the property.
But if the property was an ancestral property then the property will be distributed according to the Hindu Succession Act.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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According to recent Supreme Court Judgment, if the father died after September 2005 then daughters will have equal share in the self acquired property of the father and it will be distributed among all the legal heirs and your mother can claim for equal share in the self acquired property of your father.
If father passed away before September 2005 the daughters will have no share in the property.
But if the property was an ancestral property then the property will be distributed according to the Hindu Succession Act.
If father passed away before September 2005 the daughters will have no share in the property.
But if the property was an ancestral property then the property will be distributed according to the Hindu Succession Act.
Helpful?
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Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
If you are a Hindu, the propety will be inherited a per section 8 of Hindu succession act. The property will be shared among class 1 heirs. If there is no class one heirs then amont class 2 heirs and so on. You can consult a lawuer with required documents.
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Adv. Sadanand Naik
Bangalore | 200+ Answers
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Please consult a lawyer with detailed documents, and he would be able to assist you more. If the person has died interstate, the property will be divided as per section 8 of Hindu succession act
Regards, sadanand
Regards, sadanand
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Adv. Sadanand Naik
Bangalore | 200+ Answers
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