Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Querist : Anonymous (Querist) 22 May 2021 This query is : Resolved 

Can a daughter demand the partition of ancestral property by filing a partition suit even if the father is living?
Or she has to wait till the death of the father.

Can anyone pls clarify...
K Rajasekharan (Expert) 22 May 2021
Daughter is a coparcener, like any other son, in the family. She has full right to have a share in the ancestral property like her brother.

She can demand partition when her father is alive.
kavksatyanarayana (Expert) 22 May 2021
When the father is alive, any coparcener can ask for partition for the ancestral property.
Advocate Bhartesh goyal (Expert) 22 May 2021
Yes, being coparcener daughter can ask for partition of ancestral property during the lifetime of her father.
T. Kalaiselvan, Advocate (Expert) 24 May 2021
As a coparcener, the daughter is entitled to a share out of her father's shar in the ancestral property.
She can very well file a suit for partition claiming her legitimate share in the ancestral property even during the lifetime of her father.
There is no bar for that.
P. Venu (Expert) 24 May 2021
Yes, she can. However, make sure the property is really ancestral.

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