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Daughter's right after supreme court judgement


26-Feb-2023 (In Property Law)

My Grandfather had a self acquired property. He died on may 2002. He left behind 2 sons and 2 daughters. The Supreme Court had passed a judgement recently stating that Daughters right in fathers property is prospective and not retrospective. Whether this Judgement is applicable in ourcase and whether only two brothers are eligible to apply for sucession and inheritance of both movable and immovable property of the deceased.

Answers (2)

Answer #1
743 votes
as the grandfather died before 2005, the daughters shall not have the right in the property in terms of the judgment of the supreme court. only two brothers shall be entitled to inherit movable as well as immovable properties. this is the scenario if the grandfather has not left behind a will.
Answer #2
900 votes
The said judgement is not applicable in your case as the same is pertaining to a dispute wrt self acquired property . The Supreme Court judgements discussed the right of a woman over ancestral property and not over self acquired property . Therefore the daughters need to file a partition suit to assert , claim and obtain their right over the suit property .

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