Hindu family property

Guest (Querist) 15 November 2012 This query is : Resolved
a male has got property by the death of his father in 1953 and it was the self acquired property of his father. HINDU SUCCESSION ACT 1956 came to force in 1956.

is that property will be considered as self acquired or ancestral?

a daughter was born to him in 1944 and HINDU SUCCESSION ACT 1956 came to force in 1956. and a son born in 1956. and he partitioned his property with his son in 1998 not giving any share to his daughter. and he died in 1999.

can the daughter born prior to 1956 claim her share in the above said property.

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ajay sethi (Expert) 15 November 2012
yes daughter would have equal share in the property of the father .

MohammedRaffiq Bijapur (Expert) 16 November 2012
Yes daughter can claim her share in her father's share only. Notional partition theory will apply. No equal share will be given to her.