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Daughter's right in self acquired property purchased by father ?
15-Feb-2023 (In Property Law)
any counter in the case of supreme court Prakash & Ors v. Phulawati & Ors a hindu family father died before 2005 and daughters alive now now daughters alive and want to claim share in jointly self acquired property purchase jointly by deceased father & deceased uncle both family female(daughters) members want to claim but both father and uncle dead before 2005
It has been specifically mentioned in the above-mentioned case that if the father had died before 2005 than the property can not be claimed by the daughters and as far as finding the lacunas in the concerned that can be done only when you let us know the entire facts of the case . However the aforementioned bar is the conclusive law otherwise.
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Adv. Suneel Kumar
Delhi | 200+ Answers
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On the limited facts provided by you, i would advice you to meet and discuss the matter in detail as the facts and circumstances are not clear. On law, if the father/ uncle died before 2005 then the property would have been diluted according to the law application at that time. So, consult with requisite papers fora detailed advice.
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Adv. Ramaditya Tiwari
Delhi | 100+ Answers
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You can ask for your share in the above mentioned properties. Prakash v. Phulawati is only with respect to retrospective effect on cases instituted before 2005. If you are filing a petition now, you can claim your share, as daughters have been given equal rights since 2005 amendment.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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