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Dheeraj Sharma (adada)     19 March 2014

Daughters right in fathers property

Hi All,

Due to recent dispute between our family and brother of my mom we are planing to file a case of equal share on him on behalf of my mother ,I am seeking help from all of you regarding the same.

Here are case details:

including my mother my nana had 3 childrens . My nana died long time back and he dint write any will ,so all the property was automaticlly trasfered to my mama(mothers brother) .Now we are plaing to file a case so can we get a share now or not.



 1 Replies

Kumar Doab (FIN)     19 March 2014

It is believed that Deceased was Hindu and has not given away any property in his life time, and succession has opened after 2005.

 

THE HINDU SUCCESSION (AMENDMENT) ACT, 2005

 

 

: the daughter is allotted the same share as is allotted to a son;

 

If it is self acquired property of the deceased then Spouse and 3 Children of deceased being ClassI legal heir has equal rights.

If it is ancestral property then all legal descendants shall have right in it.

Approach a local lawyer handling such cases for partition  and her share.

 


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