If the partition is not filed yet whether daughter have share?

964 votes

The decision of Supreme Court is on the issue of the effective date of the amended act of 2005. However, it is not so that the daughters can never have a right in any property left by father. Section 6 of the old act itself provides for devolution through succession. For a proper advice, complete / further details are required.

Advocate Avneesh Garg LawRato

532 votes

According to law she cant ask her share in the said property. Rest depend upon the lawyer that how the lawyer is representing your case..

Advocate Vikas Nain LawRato

943 votes

Hi
The law regarding right of a daughter for a share in property which was the subject matter of enemy in 2005 was in respect of co parcenery property and not in respect of self acquired property of a Hindu male dying intestate.
If your father died in 1993 leaving behind self acquired property a daughter has a right to share by virtue of being a class one legal heir.
But in case it was huf of which your father was a Karta and he died in 1993 only males were considered as co parcenery and a right to seek partition arose on the date of the death I.e 1993 and the rights of survivors got crystallised on that date itself though formally no partition took placed.

Advocate Pravin Sharma LawRato