Do daughters have a right on fathers property

Hindu family property father has expired leaving wife, son & 2 daugters all majors. My father has some properties and bank/ private loans, no ancestreal properties all self acquired. father has purchased some properties directly in the name of son (major at the time of purchase of 2 properties), during purchase of property 1 son is a student, during purchase of property 2 son is employed and earning. My mother is a house wife and my father has purchased some properties on her name directly. now my sisters are asking for share of properties one sons name, mother's properties name and father's properties name. we have agreed to give 1/4th share each on father's property even though we have paid the loan from our hand. they disagreed for this. now they have filed a court suit on all properties, please advise if my sisters has any right on my property or my mothers property as they are not willing to compromise. none of the sister are even will to take care of my mother

Answers (3)

234 votes

As per law she don't have any share because it was self acquired property from Father ..he already made all documents to sons and behalf of name ..where is question about share no she don't have share on that..but sympathetically can get share

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69 votes

Hi, if ancestral property she has no right as per the 2005 amendment , observation by the supreme court in 2005, if the father died before 2005. the Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force. your sister can claim for the equal share in the father's self acquired property in the absence of any WILL or testamentary documents. If Your father made any will then your sisters are not liable to claim any share in the said property.

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118 votes

A. As per the law of succession under the Hindu Law, if father died intestate leaving behind him and his wife, children and mother that all the said members will have equal share over the property. And as per the Section 8 of the Hindu Succession Act, they will inherit the property.

B. As far as the daughter share is concerned that they will get equal share. However, they cannot claim beyond their respective share. In your case, most of the properties have been purchased in the name of mother and brother that they can claim particular share over the father property instead of your and also mother. However, in the event of establishment of the property nature was joint family that they will get equal right. And they can claim notional partition share towards their father property also.

C. You may denied their allegation by narrating the facts that some properties have been purchased with the help of my earning and hence that this property purchased in my name . Therefore, sister doesn't have any right over the property. Contest the case effectively and draft the written statement prudently and submit the same before the Court.

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