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adv. rajeev ( rajoo ) (practicing advocate)     20 March 2010

Daughters equal rights in the property

Recently Karnatka High Court has ordered that daughters are not a coparceners only succession opens after the death of the father In Pushpalata case.  In this case it is ordered that daughter cannot seek share in the properties which are divided before 2004 Dec 24th.

But the Division Bench has ordered that daughter is coparcener she has got equal rights in the property which are not legally partitioned, if the properties are legallyt partitioned then she is not entittle for her share. High Court has clarified that if the properties are partitioned and not regd., in such properties which are with the brothers then also daughter can seek her share.

Actually the judgment given by the single bench judge was erroneous and most confusing.



Learning

 1 Replies

girishankar (manager)     20 March 2010

hmmm


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