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Can a daughter claim rights in the property of the father
14-May-2023 (In Property Law)
Our ancestoral property was divided in year 1986 .me and my brother got our fathers share who had passed away in year 1964.We also have a sister .She now claims that her share was not given to her in that year although at that time as per our understanding we abided by the Hindu succession act 1956 .Can she make a claim on the property now?
No she cannot make the claim unless your father died after September 2015 as per the amendment done in Married woman's right to property. Even if she files a suit Court will not allow her as the Supreme Court Verdict on same issue is to be given consideration after court sees need of such property. If she is well settled even if she files case she won't be able to claim share as per law.
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Adv. Ashish Agarwal
Lucknow | 50+ Answers
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Yes,she may claim for her share as she has equal right with all other heirs in the father's property.As per section 6 of the Hindu succession act,she has right since her birth.As per current SC judgment,one may claim her right if she survives after 9fh sept 2005.
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Adv. Sushil Kumar Verma
Ghazipur | 25+ Answers
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