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Father Died Without Will in 1980 can daughter claim share


08-Jun-2023 (In Property Law)
If father died without will in 1980, can daughter demands equal rights in the house which father owned? if she does, Can she force the brothers to give up the house they are living in and force to sell or partition the house?
Answers (3)

Answer #1
867 votes
The answer depends upon what is your cast. I suppose you are Hindus. In such a case The Daughter can claim her share but she can not claim partition of any one dwelling house which is actually used by brothers. If there are more than one houses, the position may be different. There are so many other ifs and buts which can be explained by detail study of documents.
Answer #2
946 votes
Dear friend as per your question and acording to hindu sucssetion amendment act 2005 section 8 and first shedule also judgement of supreme court prakash versus phoolwati if father died before 1 dec.2004 then daughter can not claim her father propety
Answer #3
713 votes
That father died without will in ur 1980.in general daughters can claim or demand for for equal right in the house which owned by ur father, but when ever partition will done daughters have right if belongs to Hindu family rest on at the time of face to face

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