Clarification on rights of daughter over father's property

847 votes

If the property of your father is self created or purchased. Then he can give them to anybody. You can claim maintenance from your father nothing more than maintenance. When you get married the maintenance will stop.

Advocate Chandrakant Tiwari LawRato

816 votes

I advise you to file a partition suit in the property if you want to seek partition in his property as you are held to have a right after amendment of 2005. Collect information and make one list of your father’s assets that can be of moveable and inmovebale matte and then seek partition in respect to those properties for your share.

Advocate Ujjwal Jain LawRato

583 votes

If the property is ancestral property of your father then you have equal share in the property and you can claim it but if the property is self acquired by your father then you have no right over the property and they can evict you.

Advocate Vishal Saxena LawRato

906 votes

In a ruling, the Supreme Court (SC) made it clear that women born before 2005 have equal right on ancestral property. The apex court stated that the Hindu Succession Act 2005 which gives equal rights to daughters on ancestral property, will be applied to all women including those born before the year.

The Supreme Court (SC) also added that the amended law of the Hindu Succession Act 2005 stipulated that a daughter would be a “coparcener” (one who shares equally in inheritance of an undivided property) since birth, and have the same rights and liabilities as a son.
So, from this ruling of the SC, it is clear that you can claim property right from your father’s property.

Also, you must be confident about yourself and take any step properly. Firstly, you should take a job, so that you can become independent once again. In frustration, do not take any foolish step.
Best of luck!

Advocate Sanjeev Kumar Pandey LawRato

902 votes

Hello dear, first of all no need to be worried actually we are living in a society where if a women is stand on her own feet, the society try to push her down. In a ruling that will ensure equality between men and women, the Supreme Court made it clear that women born before 2005 have equal right on ancestral property. The apex court stated that the Hindu Succession Act 2005 which gives equal rights to daughters on ancestral property, will be applied to all women including those born before the year.A bench of Justices AK Sikri and Ashok Bhushan said that the share in ancestral property could not be denied, to a woman, on the ground that she was born before the law was passed, and the law was applicable in all property disputes filed before 2005 and pending when the law was framed. The bench added that the amended law stipulated that a daughter would be a “coparcener” (one who shares equally in inheritance of an undivided property) since birth, and have the same rights and liabilities as a son.
Further if you need any other suggestion you me contact me.

Advocate Shakti Verma LawRato