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phani raj kumar (software engineer)     17 May 2010

Daughter's rights in property

Hi All,

First of all thanks for sharing and clarifying queries.

My query is :  What are the rights of a daughter in ancestral property? The lady has got married in 1962 and her father has expired in 1986. She has 3 brothers. THey have divided their property and enjoying the benefits. Recently she has filed a notice that she will get a share along with brothers?. What if the brothers sold their property to others? will that be recovered?

Thanks in advance,

Phani.



Learning

 10 Replies

A V Vishal (Advocate)     17 May 2010

No, since the property was partitioned upon the death of your father in law in 1986, your wife cannot claim a share in it.

G. ARAVINTHAN (Legal Consultant / Solicitor)     18 May 2010

I agree with Vishal Sir

phani raj kumar (software engineer)     18 May 2010

Thanks vishal sir,

So if the property is already partioned then there will be no chance fpr the female to claim for a share. am i right sir?. Even if is partitioned 1 year back also won't matter right?

Thanks,

Phani.

A V Vishal (Advocate)     18 May 2010

Not if partioned 1 year back viz after the amendment of the succession act in 2005, the lady can claim her share.

T.Goverdhan (Retired Govt.Officer.A.P.)     19 May 2010

My father died 2years ago who has a house through his own means.he left behind 2sons and 2daughters.

my quesion is whether daughters has equll right over the property and can individually ask for partition.

Ayush (Advocate)     19 May 2010

yes, the daughters have equal right as that of the brothers.

T.Goverdhan (Retired Govt.Officer.A.P.)     20 May 2010

My wife is one of the 2daughter along with 2sons and we live in andhrapradesh.we are married in the year 1970and my father -in -law expired in the year 2006 leaving behind a self aquired house with out any registered will .Now my question is whether my wife has the right over the property keeping in view our marriage date and can we ask for partition of the property individually .

A V Vishal (Advocate)     20 May 2010

Yes Mr Goverdhan, your wife can claim share in her father's property.

P.K.Haridasan (Advocate)     20 May 2010

Your wife is a legal heir of your father in law and has a right  in the property along with others

R Shukla (lawyer)     20 May 2010

I think considering the relevant provisions of Hindu Married Woman's Right to Property Act, would throw enough light on this subject. It has been clearly provided in there as to when a daughter can claim her share in the properties.


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