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What are daughters rights in ancestral agricultural property


21-Mar-2023 (In Property Law)
Can my mother claim equal share in the ancestral agricultural land property a per Hindu succession act 2005 amendments ? She has filed a partition suit for the same in year 2014 . Supreme court in Oct2015 judgement ( phulvati case ) has said tht father needs to be alive so as to claim equal share in property by daughter , does tht mean tht there is no point in pursuing the partition case ? Relevant info : My mother's birth date is 1948 , married in 1966 , her father died in 1952 , and her mother died in 1993. The property has not been partitioned till date . My e-mail address : drpravin_5pvk @yahoo.com Kindly do communicate and advise With regards , Dr Pravin Karande Correction : *Father needs to be alive in 2005 so as to claim equal share as son as per recent judgement of supreme court
Answers (1)

Answer #1
866 votes
Yes according to the 2005 amendment, the karta of the family should be alive till the enforcement of the 2005 amendment. That is, if the father of your mother died before 2005 then she can not claim her share in the property as a matter of right.

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