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venkatesh (engineer)     05 November 2015

Daughters right in father property

Dear Experts,

As we know few days back SC ruled daughters whose fathers died before 2005 not eligible for equal property rights, I would like to ask one fundamental question? What if father died before 2005 and mother after 2005? does this rule still applicable even if mother died after 2005? also what are the aspects which allows shares in father property for a girl & what are the aspects which blocks shares in father property? Regards



 3 Replies

R K........ (Analyst)     05 November 2015

You are right that if father died before 2005, then daughter has no right in father property but if the property is on mother's name and she is alive by 2005, then I think daughter can claim her right.

But if father died before 2005 and the property was on his name, then the son will be the owner of property.

Its a very right decision given by Supreme court. This decision should have come earlier.

Congress brought a bill in 2005 to amend hindu act but now supreme court has corrected it after ten years



naveenraj jain (proprietor)     06 November 2015

I'm confused..kindly enlighten..assuming father died before 2005 and mother still alive. Then will the father properties be shared among the mother and children equally or only to the sons leaving no share to mother

Roopa   09 November 2015

Dear Sir,

Its still confusing me. I really want to know whether i and my sisters have right in our mother's ancestral property.  Our mother is now deceased (year 2005) and we are total of 3 sisters.  My grandfather, grandmother (mother's parents) had 3 children (one son and 2 daughters) deceased in the year 2003 and 2004 respectively owned agricultural land and there was no partition or will done by him and it was again ancestral property and not self earned. My mother's siblings is now saying that we do not have right to property because of latest supreme court judgment which bars our right to ancestral property.

I would like to know whether we have the right to claim our share in the property which still stands in the name of our deceased grandfather since our mother is also deceased. Please let us know your valuable opinion.

With regards,



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