Share in huf propety for a daughter
T.Ramamurthy
(Querist) 09 February 2014
This query is : Resolved
My brothers obtained a power of attorney from me to sell an old house in Thanjavur, tamilnadu and obtained a decree from subordinate court in 2002 based on 1956 Hindu Succession Act which discriminates between a son and a daughter. Now Hindu Succession Act 2005 gives equal share for daughter as well as son. The partition of the house has NOT taken place and the Decree as well has NOT been given effect too. Do I get equal share if the house is sold now? My brothers are contending that I will get my share based on 1956 Hindu Law only.
Pl carify. R.Seethalakshmi, Chennai
Anirudh
(Expert) 09 February 2014
All will depend on the question (i) whether the property was the self-acquired property of your father, or ancestral property in the hands of your father; (ii) when did your father die etc.
Anirudh
(Expert) 09 February 2014
Further more, if you do not have any share in the property, why Power of Attorney was needed from you to sell the house on your behalf?
Rajendra K Goyal
(Expert) 09 February 2014
The clarification sought by the expert anirudh ji need to be given for any fruitful advise.
