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What are the daughter's share over ancestral & self acquired property
02-Jan-2023 (In Property Law)
I am looking for a legal opinion on my rights over my parental property both ancestral and self acquired.We are one daughter and one son for our parents and both married. My Father died during 2001 and mother during 2015. My mother had bank accounts and lucker jointly with my brother to which I have no access. Whether I have right to this or not? My parents had self acquired property and ancestral property.Some of the property is given on rent to tenants.My brother is not comming forward for any settlement. What should be my approach to get my rightful share?
The right of women seeking equal share in ancestral property, the Hon'ble 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.
The court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, could not have retrospective effect despite it being a social legislation. The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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