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Daughter rights in father's property including agricultural property


City - Baraut District - Baghpat State - U.P. West My Mother has 3 brother and a sister. My nanaji had expired in 2010 and Naniji has expired on 4 feb, 2018. My nanaji has self acquired property But after his death my 3 uncle has transfered property on their name Without taking my mother and my aunt permission Nanaji has some residential property and commercial property And also have agricultural property but uncle is selling out to developers Just wanted to know how my mother and aunt can claim their share in their father property including agriculture which is being selling out by uncle to make money


Answers (3)

As per Hindu succession act 2005, the daughters has every right to her father self acquired property after his death. If your father dies with out making a will his childrens succeed to his property in equal proportion. And if your uncle selling these property then your mother and aunty can get stay to stop your uncle for selling property and file a partition suit in competet civil court.


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Hindu succession act , जो कि 2005 में संशोधित हुआ। उस संशोधन के अनुसार यदि 2005 के बाद पिता की मृत्यु होती है तो उसकी संपत्ति में पुत्री(शादीशुदा या कुवारी) को वही अधिकार प्राप्त होगा जो कि पुत्र को प्राप्त होगा। मा0 सर्वोच्च न्यायालय ने भी प्रकाश बनाम फूलवती वाले मामले में 2017 में यही दिशा निर्देश दिया। आपके भी मामले में यही बात है।आपके नाना नानी की संपत्ति में आपकी माँ को वही अधिकार व हैसियत प्राप्त है जो आपके मामा को।

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As per new succession law of Hindus all children are equally entitled for the property; now the sex bar has been removed ,both son and daughter are at par ,so your mother and mothers sister could institute a suit in competent court of law for rightful partition of the property.


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