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Clarification on daughter right in self acquired property by father ?
01-Feb-2023 (In Property Law)
daughter right in self acquired property by father ? father death before 2005, it was 1995 prakash & ors VS Phulavati & Ors case father & daughter must have alive to claim benefit for daughter this is for ancestral property ... but what about self aquired property by father can daughter claim on self aquired property only daughter alive in current no partition is done
Amendments of 2005 giving equal rights in the property is not retrospective but prospective. So on the date of death prior to 2005 the daughter doesn't have right in the property of her father. So she may not get any share.
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Adv. S P Srivastava
Delhi | 200+ Answers
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Kindly don't get confused with 2005 because government adult coparceners right of women. But in ancestral property womens have right and it is a good news for you that you can claim your part of the property...
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Adv. Siddharth Dev
Delhi | 200+ Answers
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I have read and understood your query and shall be able to address your concern as I specialise in property and succession laws. However to guide you well I need certain more information so as to give you an informed decision.
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Adv. Anish Roy
Delhi | 100+ Answers
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The self acquired property of the father will devolve upon the daughter in case there is no will. But in case the father has made a will the properties shall be distributed as per the will. A daughter or a son cannot claim the father's self acquired property as a matter of right.
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Adv. Manisha Ambwani
Delhi | 100+ Answers
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Yea you are right.. as per phulvati , daughter can claim interest in ancestral property only if father is alive in 2005. However being a class 1 heir she will always continue to have a share in the self acquired properties of father .
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Adv. Vanshdeep Dalmia
Delhi | 100+ Answers
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In case your father did not make a will regarding the self acquired property, you have equal right in the property along alongwith your mother or brother(s) if present. Phulavati has bearing only on cases already decided or pending since before 2005. You have equal rights in both self acquired as well as ancestral property.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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