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Can daughter claim right on father's property


06-Feb-2023 (In Property Law)
Hi i want to know the complete daughter's right on fathers property.
Answers (1)

Answer #1
659 votes
I am assuming the Querist to be a Hindu and therefore I am confining my opinion to a daughter's rights under Hindu Succession Law (which applies equally to a person who is Buddhist, or Jain or Sikh by religion). Under the Hindu Succession Act, 1956 (as amended) a daughter and son have an equal share in their father's property. A daughter is a Class I legal heir and inherits her father’s self-acquired property simultaneously with other Class I heirs. Similarly, a daughter is also recognized as a ‘coparcener’ and has the same rights in coparcenery property (also known as Joint Hindu Family property) as if she would have been a son, provided she was born either prior or after June 17, 1956 and was alive on September 09, 2005.

Both in the case of a father’s self acquired property and the coparcenary property the daughter has right to claim partition of her share. She may also dipose of her share by testamentary disposition i.e by creating a will.

A daughter can only be debarred from inheriting her father’s self-acquired property if he has excluded her from inheriting any of his properties in his will and last testament.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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