Daughters right in father's property


My query is in light of a Supreme Court judgement on legal right of a daughter in father’s own purchased property. My father expired in 1986, leaving no Will. Our family has my mother, two sisters and me. I am the middle child (son). Who is the beneficiary of the house property that was in my father’s name? i am paying the property tax.

Answers (1)


154 votes

Dear client, after the Supreme judgement in "Prakash vs Phulvati" (passed in 2015) (based upon amendment in section 6 of Hindu Succession Act in 2005), now girls also have equal right in the property left by parents (ie if parents expired or partition is opened on or after 9th September 2005 amendment). Now, in your case, succession opened in the year 1986, on the date of death of your father. After his death, his property vested in your mother and you ie 1/2 share each. As such, your sisters cannot claim right in the partition which opened up in 1986. Though they have every right in the partition that opens up on or after 9th sept.2005.


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