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What are the Daughter's Rights in Property ?
08-May-2023 (In Property Law)
My grandfather owned a property. His first wife died leaving behind a son(S1). He married again and had another son(S2) and daughter(D1). He died in August 1942 without a will and survived by his second wife and the three children. Does the daughter's children get a share in the ancestral property. The daughter(D1) died in 2002. The sons (S1 and S2) each had a flat in the property and the daughter(D1)'s children are claiming a share in the land as well as the flat. Please advice. Also what is the Supreme Courts ruling of 9Th September 2005 which says a daughter cannot claim share in the property if the father died before 2005.
As per the Bombay High Court Full Bench ruling in Badrinarayan Shankar Bhandari vs. shri. omprakash shankarlal bhandari, for getting any share in the ancestral property a female should be alive on the date of the commencement of the Hindu Succession Amendment Act, 2005 i.e she should be alive on September, 2005 in order to get a share. in case she is not alive on the said date even her legal heirs cannot claim any right in the ancestral property. This view is confirmed by Hon'ble Supreme Court of India in Prakash vs. Phulvati.
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Adv. Siddharth D Magdum
Mumbai | 25+ Answers
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