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Daughter's right in father's property after his death in 1998
15-Sep-2023 (In Property Law)
Hello, My Grandfather has 3 sons and 3 daughters(including my mother).He passed away in the year 1998.He has not written any will.My grand mother passed earlier before my grandfather.Now at preset my uncles are not ready to give any share in the property to my mother.Can my mother file a case by her own even if other female daughters are not supporting her.Please let me know what is the possibility of winning the case and how long will it take for this case to come to an end.
Dear client, after the Supreme judgement in "Prakash vs Phulvati" (passed in 2015) (based upon amendment in section 6 of Hindu Succession Act in 2005), now girls also have equal right in the property left by parents (ie if parents expired or partition is opened on or after 9th September 2005 amendment). Now, in your case, succession opened in the year 1998, on the date of death of your father. After his death, his property vested in your mother and you ie 1/2 share each. Though they have every right in the partition that opens up on or after 9th sept.2005.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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