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Can daughter claim share in father's property


03-Apr-2023 (In Property Law)
Sir ,' A' died in 1952. After death of A, the self acquired property of him were mutated in the name of her wife B. In 1954 , General partition amongst B and her daughter's took place but one daughter could not get share as she already got the property more than her share as gift in her marriage by her Father A. The partition were certified in 1976. Now, whether that daughter can claim her share in the property of her father?
Answers (2)

Answer #1
986 votes
No, she can’t.
The father died in 1952, so as per Law she can’t because the Hindu Succession Act only came in 1956, so eventually before that there was only maintenance right and no share in property right.

Answer #2
558 votes
Well A got her share as gift, doesn’t mean that she was thrown out of the remaining share in the property unless there was a family arrangement. Further if she has to claim she would also have to cover the limitation part. Rest can be explained after doing through the documents m. Plz contact me for further assistance.

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