Daughters right in the ancestral property
11-Nov-2023 (In Property Law)
Hindu Maheshwari My Grand father has3son, 3daughter. He doesn't made will. Daughter already left her claim orly after death of grandfather .there name on The property can daughter claim? How l claimed ?
If your grandfather died without making a will, the property would devolve to the successors as per the provision of Hindu Succession Act. After the amendment to Hindu Succession Act in 2005 a daughter is as much an owner to a property as a son.
Further if the daughter left the property orally without executing a relinquishment deed, it doesn't hold much value. If she wishes to have her property it is advisable that she gets her Succession certificate and legal heir certificate and then file a suit for partition to have her share in the property.
Further if the daughter left the property orally without executing a relinquishment deed, it doesn't hold much value. If she wishes to have her property it is advisable that she gets her Succession certificate and legal heir certificate and then file a suit for partition to have her share in the property.
If ancestral properties are still joint family properties ( not partitioned) then daughters are having equal share in ancestral property.....daughter can release her share by executing registered release deed in favour of brothers...oral release of right not acceptable in the eye of law
As per your query
As per the 2005 amendment in the Hindu succession Act 1955 and a recent judgment of the Supreme court a daughter can claim her right in her fathers property along with the male members only if the father had expired after 9th September 2005. In your case, if your father has not made any will in respect of the property and he has expired after 9th September 2005 the daughter can claim her share in the property. Need to file a suit for partition of the property in the court.
Regards
As per the 2005 amendment in the Hindu succession Act 1955 and a recent judgment of the Supreme court a daughter can claim her right in her fathers property along with the male members only if the father had expired after 9th September 2005. In your case, if your father has not made any will in respect of the property and he has expired after 9th September 2005 the daughter can claim her share in the property. Need to file a suit for partition of the property in the court.
Regards
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