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daughter's property rights in non ancestral property
22-Oct-2023 (In Property Law)
Does the daughter has any rights in the property which her father and her brothers have acquired through their hardwork over a period of time without any involvement of their daughter ( sister of brother) i.e the property which is not ancestral ? For eg; if like after the marriage of the daughter , father and son did a business and earned good in coming years and acquired various properties so does daughter has any legal rights on his fathers property or upon the death of his father ?
On the death of father if father died without making a will then daughter has equal right as other heirs would have otherwise no right.as far as brother property is concerned no right subsits in bro property
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Adv. Nitish Banka
Delhi | 100+ Answers
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Yes daughter definitely has right since 9th September 2005 she has the copacenary rights equally as one of the legal heirs and property may devolve upon her as well..But therefore as it is self acquired property of father and there has been testamentary succession then it's a different story if father has devolved his property amongst different legal heirs..If that is not the case and it is undivided share then definitely as one of the legal heir and as per hindu succession act she will succeed her part out of total property ..Therefore there are different remedies to avail the same through civil court and even criminal remedy is available.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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No, daughter has no right in the property of his father except if his father expired before 2005. There are more than dozen of judgement in respect of this issue. Father's property is his own self acquired property and no one has its right over it till his death.
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Adv. Aakash Mittal
Delhi | 25+ Answers
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