Can a married daughter claim equal right to fathersproperty


Can a Married Daughter Claim Equal Rights in Fathers Property as she was Married before 2005 and she didn't file a Case in Lower Court i.e in District Court and appealed in High Court and the High Court Judge Dismissed the Case in CRP and AS Suit citing that in Lower Court it wasn't appealed and there can be no Claim since no Appeal was made in Lower District Court and so High Court cant accept the Claim and the Case were Dismissed and in this Circumstances what can we be done and how should I claim or what other Steps since the case was dismissed by the High Court in CRP and in AS, What other Steps can be taken to Claim Equal Rights in Fathers Property.

 
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Lawyer

The daughter (whether married or unmarried) is entitled for a share in her ancestral property.

You have wrongly been advised as an "appeal" lies against the judgement / order / decree / sentence passed by Trail / Lower Court.

How the High Court registry has accepted the case ? Strange statement, if it is true.

Collect all documents related to the properties, consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

 
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Advocate

What is your role in this case? What is your lawyer told  to you about the dismissal of the case? Based on the points  it seems the case was not initiated properly by you.

 
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Practicing Lawyer 9918411669

Indian Succession Act entitles you to claim your share in parental property. Approach lower court to claim your right & partition of property. 

Cheers!

 

 
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ha21@rediffmail.com Mumbai : 9820174108

1. Coordinate with a local Property Lawyer, with all available documents for proper guidance & solutions.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

 
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Married or unmarried daughter's have equal rights and shares as sons in their parents and ancestral properties. Contact to a local lawyer who will further guide you.


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Advocate

Please seek a conference with an Advocate for better formation of opinion/s.

 
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Lawyer in Hyderabad.wats app no.9989324294

Daughters also have as caparcenary rights on their birth. According to a recent supreme court ruling, when the Hindu succession act, 1956 was amended to give equal rights to the daughters in their father's property. If WILL is not written by father the property will be divided equally among all legal heirs. 


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Hello,

Daughters are entitles to equal share in property as much as other legal heirs. Married or unmarried both are entitle for share in property. You can file partition suit in civil court against other legal heirs. 


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In August 2020, In the landmark case of Vineeta Sharma v Rakesh Sharma, a bench of the Supreme Court decided that even daughters have equal coparcenary rights in a Hindu undivided family as any son would have in a Family property.
In this case, the Supreme Court elucidated two points:
•    Rights to Coparcenary are acquired by the daughters on their birth.
•    Father’s being alive is not material, in this respect when 2005 amendment to the Hindu Succession Act was passed.
The amendment to Hindu Succession Act was passed in 2005 to bestow equal status on both sons and daughters of coparceners. Before the Hindu Succession Act amendment of 2005, coparcenary rights were given only to the sons of coparceners. 
The Court has explained that the equal rights granted to the daughters of coparceners by the 2005 amendment apply from their birth, irrespective of when their father dies, and marriage does not affect these rights. The Apex Court has also clarified in this case that the 2005 amendment applies retrospectively.
This judgment is subject to the condition that the coparcenary property in question should not have been separated by the father before the date of 20 December 2004. So long as the property stayed coparcenary property and was not divided up to this date, a daughter can now claim her interest in the property. 
 

 
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