Daughter's right in father's property if he died before 2004

927 votes

The recent pronouncement of the Supreme Court (SC) in the case of Prakash & Ors v. Phulavati & Ors, rendered on 16 October 2015. SC, in its judgment, has held that the property rights of daughters are prospective in their application, i.e., to be available only if both the father and the daughter are alive on the date of commencement of the Amendment Act (i.e., 9 September 2005).
The SC in pronouncing this judgment has provided the much-needed clarity that the Amendment Act is prospective in its application, i.e., with respect to a Hindu family governed by Mitakshara law, a daughter would have a right in the ancestral property inherited by the father only if both the daughter and the father are alive at the time of commencement of the Amendment Act. No distributions of such properties of persons who passed away prior to 9 September 2005 can be re-opened or questioned by daughters. For the sake of clarity, it may be noted that the position with regard to succession to any self-acquired property (as against coparcenary property) of a Hindu male dying intestate remains unchanged, with the daughter being entitled to a simultaneous share in such self-acquired property as the son (in the absence of a will stating anything to the contrary).
If it is an ancestral property and there was a partition made by your grandfather to your father, you can go for a partition suit. Otherwise, no.
If it is self acquired by your father and he has not written a WILL, you have a right to claim your share as daughter.
Dr Gubbi, Counselor & Advocate

Advocate Dr. Gubbi S Subba Rao LawRato

657 votes

The Supreme Court has held that the amended provisions of the Hindu Succession Act 2005, do not have retrospective effect. the father would have to be alive on 09/09/2005, if the daughters were to become a co-sharer with her male siblings.

You can refer to the judgement of the Supreme Court: Prakash and others v/s Phulavathi

LawRato LawRato

777 votes

Yes ,
There is possibility to get your partition as per laws in equilty and they cannot be denied to you, it may be before 2004 but the substitution of laws can be implemented and it can be made as per your requirement ,your are advised to come with all documents and papers to our office for better help legally ...OFC : Pankaj Kumar Advocate...

LawRato LawRato