Case laws on claiming right by daugher in parental property
shrikant
(Querist) 04 September 2015
This query is : Resolved
Hello,
Can you please share some case laws favourable to the cases filed for claiming right by Daugher in Parental Property.
SAINATH DEVALLA
(Expert) 04 September 2015
In case of Hindus the Hindu Succession Act,1956 provides equal share for the daughters as any sons in the property of their father a Hindu male who die intestate i.e. without leaving any Will with regard to his self acquired property as well in the property of their mother a Hindu woman who die intestate i.e. without leaving any Will with regard to his self acquired property.
Initially a married daughter prior to 1994,had no right or share in the intestate property. However now she shares equal share and right in the ancestral properties or intestate properties.But legally a daughter cannot initiate a partition suit against her siblings in the dwelling home.used for residence.but whenever it is to be partitioned her share will be severed.and given to her.
Rajendra K Goyal
(Expert) 04 September 2015
Citation / case law not provided. Search indiankanoon.com.
Kumar Doab
(Expert) 04 September 2015
The facts on record of each case shall demand different or specific treatment.
The need for citations if any, shall come later.
You may post the facts of the matter.