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Can daughter claim share in father's property under dayabhaga
16-May-2023 (In Family Law)
We leave in West Bengal. My father passes away in the year 2005.My elder sister got married on 1986.She claim equal share of father's property. Is it legally accepted?
yes both you and your elder sister have equal rights on your father's property and both of you will get his shares in equal halves, if your sister does not want it then she can give you a No-objection letter for relinquishing her share and handing over the entire share to you or vice versa.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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Yes she is legally entitled to get equal share under dayabhaga law. There is no confusion in it. Probably you are misguided by a news published in Bengali newspapers. Actually, that provision was not in Mitakshara law and introduced by Supreme Court in a 2005 judgement.
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Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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Yes absolutely.The amount of share for you and your sister is same nothing different just because you are a son.
Under dayabhaga, its absolutely legitimate and legal. You both may share your father's property equally.
Under dayabhaga, its absolutely legitimate and legal. You both may share your father's property equally.
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Adv. Indrani Gupta
Kolkata | 25+ Answers
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