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Can daughters claim right in father's property under Dayabhaga law
22-Apr-2023 (In Property Law)
My query is for an Ancestral Property where Dayabhaga Law is followed. My Grandfather had expired in 1965 leaving behind a property which was registered in my father on 1972, after the death of my father in 1983 my name has been registered for the same property in 1996 and i am paying all land taxes till now. My Late Grandfather has 1 Son (youngest, my father) and 2 Daughters all of whom are married. After the death of second daughter on May 2005, her son want share on the property. Recent ruling of the Supreme Court on 2nd November 2015 what would be the Inheritance Rights of the 2 Daughters on the Ancestral Property keeping in view the Dayabhaga Law. Also please confirm if the ruling is applicable for both Mitakshara and Dayabhaga Laws.
As far as registration is concerned I thought you are saying Mutation of Land in your name, therefore mutation is sufficient to prove your ownership and possession. There was basically no difference between a female or a male in Dayabgha school as there was no concept of Coparcenery proeprty. herefore, under Dayabhaga law, every adult coparcener male or female is entitled to enforce a partition of the coparcenery property unlike in the Mitakshara law. Therefore your aunts son has right to evoke the partition. the ruling of supreme court Prakash v Phulavati. has no bearing to facts as mentioned above.
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Adv. Uzmi Jameel Husain
Delhi | 25+ Answers
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