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Can daughter claim right in father self acquired property


20-Jan-2023 (In Property Law)

father died in 1993 but no will is there as per supreme court ruling daughter can claim right if father died after dec 2005 as per amendment act 2005 (hindu succession act) this is self acquired property now only son has possession of this property (commercial property) please clarify

Answers (3)

Answer #1
602 votes
In that judgment hon'ble s.c. asserted and elaborated the coparcner status of a daughter as equalant as of a son in coparcenery property. In the present proposition daughter is entitled to share and success the property of her father even if the death of father has been occured prior to 2005 amendment. According to schedule 1 Hindu Succession Act 1956 daughter is class 1 legal heir of his father's estate.
Answer #2
516 votes
As the father died without leaving a will, the property will devolve upon his Class I legal heirs as provided under the Hindu Succession Act which includes daughter. Amendment Act of 2005 deals only with coparcenary property. Will not apply in this scenario.
Answer #3
723 votes
Even before Hindu Succession Amendment act 2005, daughter being class I heir of father, was entitled for share in self acquired property of father, with widow mother and children getting equal shares each. In your case you have right & share in self acquired property left by your father even if he expired in the year 1993. More more details & specific advise you may contact me personally.

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