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Bhaskar (Advisor)     09 March 2012

Daughters right in property

In Andhra pradesh oral partition of property took place between father and son in 1973. father sold off his entire share and also took GPA from son and sold his share also. in 1985 father died and left only one house that is balance property from the share of son.

Now in 2012 can daughter claim share in that house? because as per 2005 amendments daughers also has share in propery.



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 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 March 2012

Yes she can, as there was only an oral partition and not one through the court or registered partition deed. 

Adv. Kailash Chavan (Lawyer)     28 April 2012

you need atleast some evidence that partition took place in 1973 .....as your father died in 1985 .......2005 amendment doest not have restrospective effect .....inyour case can daughter take benefit 2005 amendement??.....certainly not becoz in your case your father died in 1985 and daughter can not claim any property whose father died before 2005. 


(Guest)

yes daughter has right to share claim.

Ralph Gangawane (SEO)     19 December 2012

 

My maternal grandfather has 2 sons and 3 daughters. He died in November 2012. He did not made any will for his property. Now the 2 sons are thinking to change the ownership to my maternal grandmother.

Is it possible to change the ownership without involving the 3 daughters?

Now, is it possible for the 3 daughters to ask for her share in fathers property, while my maternal grandmother is still alive?

Ajay kumar singh (Advocate)     19 December 2012

No, daughter can get only from the share of her father and not from the share of the brother.

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