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Do daughters have a right in fathers property


24-Feb-2023 (In Civil Law)
My father had bought the land first. Divided into Two sons .He died last year. Now our sister putting in a civil court case for partition. Have been married for twenty years. He will win the case? And the land in the name of my dad
Answers (6)

Answer #1
973 votes
Yes in accordance to the latest ruling passed by higher court in India. They have but there are certain conditions in which they can claim right over property, last but not least it query is specify..

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Answer #2
830 votes
Daughters have equal rights as sons in HUF property or ancestral property. If your father disposed off his self acquired property by will your suit for partition may or may not survive. Provide more details for more advice.
Answer #3
638 votes
We have largely understood your query and do specialize in Property matters .However to advise you fully and appropriately we will need to see the land documents and how it was divided with the two brothers .
Answer #4
612 votes
Daughters do have a share in the father's property, provided it is ancestral property. A self-acquired property of the father will devolve as per the Will of the father, if any. However, in case the father died intestate, i.e. without a Will, the property will devolve equally among the Class 1 legal heirs, which will include the daughter. As per the brief facts, and assuming that your father died intestate, the daughter (your sister) is likely to succeed. However, you are advised to contact a lawyer with all details to get a better idea. The present opinion is in response to the limited facts put forth by you.
Answer #5
519 votes
Hello,
As per the amendment of the Hindu Succession Amendment act, 2005 a daughter has a birth right to share the property of her father,like that of a son.
she is equal to a sin in respect of succession in all respects.
As per the latest judgement of the Supreme court only requirement is that, both the father and the daughter must have been alive at the time of the commencement of the Act,
therefore in the year 2005 your father and sister were both alive . Now she has a right and she claim the share in the property, irrespective of her marital status
winning and loosing a civil auit is totally a different issue it depends upon lot of things, but yes she can claim the share
Answer #6
535 votes
The property purchase by your father with his own money if your father devid property between both of you by registered deed or will then you have no problem or he devid property as a family settlement or you have not any document then you have fight the case

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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