daughters' claim in case she is married

Mrudula (Querist) 10 January 2009 This query is : Resolved
sir/madam
In one case the father died intested leaving behind two son and one daughter (all married). Everyone of the three are the nominee of One Plot each. But there is one more plot in the name of deceased. Now obviously the plot will be alloted to TWO SONS. but what about the daughter? Can she calim on that plot? I had read in hindu Act, that if the daughter is married before a particular year she can't claim for father's estate. (In present case the daughter had married in 1987) Please guide me in this situation. tell me the exact year. (in this case we are not willing to give her)

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Jithendra.H.J (Expert) 11 January 2009
daughters ae considered as coparceners by birth. now there is no difference whether they married in 2009 or 1970. there is a recent suprem court ruling that the daughters are having birth right over ancestral property

J K Agrawal (Expert) 11 January 2009
Daughter has right but up to what extant? what about notional partition as per s 6 H S Act?

The daughter has only 1/3 part in all property of 1/3 share of his father that is to say 1/9th part of all 4 plots (if actual and registered partition has taken place before 20-12-2004.)

Year of marriage is of no effect.

If no actual partition has been taken place before 20-12-2004 the daughter has 1/3rd share in all 4 plots.

Nomination is of no use any where and it does not effect share in succession.