Daughter rights on father property

966 votes

Hello, If the daughter is married Before 2005, the Hindu Succession Act considered daughters only as members of the Hindu Undivided Family (HUF), not coparceners. The latter are the lineal descendants of a common ancestor, with the first four generations having a birth right to ancestral or self-acquired property. However, once the daughter was married, she was no longer considered a member of the HUF. After the 2005 amendment, the daughter has been recognised as a corparcener and her marital status makes no difference to her right over the father’s property. If daughter was born or father died before 2005 It does not matter if the daughter was born before or after 9 September 2005, when the amendment to the Act was carried out. She will have the same rights as a son to the father’s property, be it ancestral or self-acquired, irrespective of her date of birth. On the other hand, the father has to have been alive on 9 September 2005 for the daughter to stake a claim over his property. If he had died before 2005, she will have no right over the ancestral property, and self-acquired property will be distributed as per the father’s wil

Advocate Chinnmay S. Shah LawRato

947 votes

This is my response to you: 1. The daughter continues to hold rights on the property; 2. This act operates retrospectively; 3. You can file suit; 4. Also add the rest of the legal heirs as respondents; 5. Consult a local lawyer and take steps.

Advocate Gowaal Padavi LawRato