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Daughter filed a case for property against mother and brothers
13-Apr-2023 (In Property Law)
Hi this is a Hindu family the father died in the year 1976 without writing a will now he is survived by his widow wife ,three sons and three daughters, after the Father's death the daughter who is eldest among all filed a case against her mother and the three brothers for the share of property in the year 1989 the properties include a agricultural land,a house and a place of bussiness, all these property cards presently hold the name of the mother,three sons and other two daughters.all the daughters are married and the sons are married too.does the eldest daughter hold any legal rights in the property
On 9 September 2005, the Hindu Succession (Amendment Act), 2005 (Amendment Act) came into effect and daughters in a joint Hindu family, governed by Mitakshara law, were granted statutory right in the coparcenary property (being property not partitioned or alienated) of their fathers. Historically, the Hindu Succession Act, 1956 (HSA), did not confer any rights on a daughter to the ancestral property of her father. The Amendment Act fuelled a debate on whether a daughter's right in coparcenary property was available even prior to commencement of the Amendment Act, i.e. were the rights granted to daughters in the coparcenary property retrospective in their application? The debate on retrospective application of the Amendment Act has now been put to rest by the recent pronouncement of the Supreme Court (SC) in the case of Prakash & Ors v. Phulavati & Ors, rendered on 16 October 2015. SC, in its judgment, has held that the property rights of daughters are prospective in their application, i.e., to be available only if both the father and the daughter are alive on the date of commencement of the Amendment Act (i.e., 9 September 2005).
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Adv. Vedashree A
Bangalore | 500+ Answers
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Yes all the children and wife of a deceased person are entitled for equal share in the property of deceased if he has died intastate (no will) why don't you give a share to your sister in the property of your deceased father.
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Adv. Narendra MN
Bangalore | 100+ Answers
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