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Daughters legal right in fathers share who deceased prior to 2005
10-Jan-2023 (In Property Law)
I am only daughter of my father and my parents has died before 2005.Can I claim legally for my father 's property (land) ? Property is on my grand fathers name and till now not yet divided .My cousin brother are dividing property now.Legally they can claim my father's share as well or I Have legal right to claim for my father share?
The court has made it clear that father would have had to be alive on 9th of September 2005, if the daughters were tk become a co-sharer with her male siblings.
The court made it specifically clear that amended provisions of the hindu succession act 2005, can not have retrospective effect despite being it a social legislation..
Thanks and Regards
Suneel Kumar
The court made it specifically clear that amended provisions of the hindu succession act 2005, can not have retrospective effect despite being it a social legislation..
Thanks and Regards
Suneel Kumar
Helpful?
23+
23+
Adv. Suneel Kumar
Delhi | 200+ Answers
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Yes, you can claim your share in your ancestors property according to Hindu law. If your cousin is trying to grab all property, you should file petition for injunction and partition and possession before the Court.
Helpful?
18+
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Adv. Safder Imam Md
Delhi | 25+ Answers
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Hidaughter has complete legal right on her father's property.....as well as in grand father's property..... You have to also check if there is any will created of that property...
Helpful?
10+
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Yes dear
You do have a legal right on the property
If you are talking about amendment in the succession act is retrospective in nature
So you can claim the rights along with your brother that to in equal proportion
Take care
You do have a legal right on the property
If you are talking about amendment in the succession act is retrospective in nature
So you can claim the rights along with your brother that to in equal proportion
Take care
Helpful?
24+
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Adv. Kunal Madan
Delhi | 25+ Answers
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Preliminary opinion: You have a legal right in the propeety since the transfer of ownership or acknowlegment of property among heirs are yet not decided. To understand the legal situation and your rights in property need more input on the property and its stakeholder. Do consult for definitive opinion.
Helpful?
20+
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Adv. Ramaditya Tiwari
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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