Can dughter file for partition and claim her share of property

Father made Property & HUF with grandfathers gifted money in 1960 Grandfather died 1971 father died 2010. Father has will excluding only daughter. Mother & only son stay in property. Can daughter file for partition

Answers (6)

88 votes

If the HUF was constituted by the Father and properties were included within the same, then a Daughter automatically becomes a co-parcener with effect from the 2005 amendment to the Hindu Succession Act, since the father was still alive.
Consequently, she can file for partition. The father could have only given by Will, his share of the property. On the death of the father, a "notional partition" is deemed to have taken place, with his share going as per his Will. Thereafter, the remaining shall be divided amongst the co-parceners as per their share. A daughter can sue and seek partition for her share.
The situation would however be different if a proper HUF has not been created. Merely because property was purchased from funds gifted by the grandfather, would not make the property an HUF.

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286 votes

Yes she can file a case for her share in the property. All children are eligible for equal share in the property. But if you are married u cant file case for partition for that u need to stay in that property.

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155 votes

In case of WILL file a probate for enforceability.
In existence of a WILL no other person other than the inheritants under the WILL can claim.
However, in absence of WILL a daughter can claim post the recent amendment.

167 votes

Preliminary Opinion: Yes as a daughter you can claim a share of property. You can move court for dividing the property in equal shares among the legal heirs. To know the share you will get, you need to consult.

For detailed opinion need:
1. Are you married? If yes, then how much has your father incurred in your marriage.
2. Your personal details like education and current job profile, if any.
3. Ownership papers of the property.
4. Have you made any NOC to your brother or mother?

183 votes

Latest law have made it clear that he was also have share in coparceners property so here in this case if your sister was the member of huf then you cannot stop her right to get share in the property well take it as my opinion and for more details you should consult an advocate

95 votes

Since there is a will hence the right will directly evolve upon the person's whose name in will is there. Whereas the ancestral property is concerned it devolved upon your father after the death of your grand father and thereafter upon you and your brother but since a will exists hence partition cannot be claimed untill and unless the name of the claimant is not there in will.

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