daughter's share in father's intestate property before1956Act
Querist :
Anonymous
(Querist) 19 May 2011
This query is : Open
1)The property in question is a residential house situated in Andhra Pradesh. The property was purchased in the year 1946.The document is in the name of our father .It is not clear from the document from which funds he purchased it except for a reference made to it as ancestral property in a will executed by mother bequeathing a portion of this property to a religious organization. Hence I am not sure whether it is ancestral or self acquired
2) our father died in the year 1948 and did not execute any will. .Since our mother was living till 2006 the house was kept in tact. Mother experied in 2006 and till 2011 the property was in some rental dispute.
3) Our father when expired left behind him our mother, two sons and two daughters all were minors by that time.
4) Our Mother expired in the year 2006.
5) Our sisters got married in the year 1953 and 1955 respectively.
6) In view of the uncertainty of the nature of the property I request to kindly clarify the following.
a)What was the law/Act prevailing before 1956 with regard to right of daughters in father's property if he died intestate? Some say daughters had equal right in father's intestate property and some say daughter’s could get only 1/4 th of sons share or Rs5000/- whichever is less as per Succession Act,1925?
b)If it is equal share under which law/ Act existing prior to 1956 and under which section it is stated so?
c)If both are incorrect which was the applicable law/Act and what does it state?
