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dg (house wife)     09 September 2009

can claim partition in parental property

can a bengali daughter claim partition on parental dwelling house if father died without making any will?



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 4 Replies

advocateadhikari (n/a)     09 September 2009

u can claim partition in u r parental property. According to section 6 of the hindu succeession act daughters are having equal right as a son in the ancestral property as well as self aquired property.

dr.subramanian (astro/management consultancy)     06 October 2009

please see my querry:===. from 1910 onwards the properties are divided among the sons after sons. my father has got one share from his father in the year 1950 by way of a partition deed  between his brothers etc. in the year 1991 , due to pressure from my brother , my father made a will giving all properties to the son without giving equal shares to his two daughters. please advise wether i can proceed in the court to quash the will and ask for partion by filing a partion suit for equal share. we are hindus and hindu sucession rules apply 

jankidas (proprietor)     20 October 2010

If the propety is inherited by ur father from his ancestors, then he has no right to write a will for the whole property. At the most he can write a will for the share he will get if partition takes place.

1 Like

prabha mangale (advocate)     20 October 2010

agreed with Mr. janakidas


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