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Daughter's right on diseased father's property
09-Feb-2023 (In Property Law)
My query is in light of a Supreme Court judgment on legal right of a daughter in father’s property. 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 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.
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 1986, on the date of death of your father. After his death, his property vested in your mother and you ie 1/2 share each. As such, your sisters cannot claim right in the partition which opened up in 1986. 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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