Right of daughter u/Hindu sucession act 1956

shivraj (Querist) 24 January 2009 This query is : Resolved
If in the self acquired property of father in year 1982 the father made partition deed of total land which is 5.5 acres between two sons ½ each? In the year 1983 father died after this the daughter demanded in the year 2002 filed a suit against the two sons and demanded the equal right within the property? Can daughter have a right after partition? Which law can be applicable? Plz give related judgment and case laws?

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ARVIND JAIN (Expert) 24 January 2009
IN 1983 NO RIGHT TO DAUGHTER.

sanjeev murthy desai (Expert) 24 January 2009
Dear Shivaraj,

In the year 1956, Hindu succession Act gave her absolute right to inherit in the self acquired properties but prevented her from becoming co-percenar. Latter in the year 2005 another amendment act made as copercenar. So in the year 1982 your father and children executed partition of his self acquired properties are legally valid and no one has any right.

sanjeev desai

arunprakaash.m. (Expert) 24 January 2009
in case of self acquired property your father has got every right to aleniate the same as per his wish. If your father has died intestate leaving self acquired proerty then you are eligible for partition and have equal rights as that of your brothers. In your case you does not have any right to file partition suit.