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Saeed Rahim Sayyed   27 July 2019

daughters rights in fathers property

what is share of daughters in father's property as well as in ancestral property in Hindu law


Learning

 3 Replies

karnish gupta   27 July 2019

same as any other child in the absence of will
adv karnish

siddeswaran k   27 December 2021

can father bequeath his father's self acquired property? This property go to father's hand after division Now can father write a will to entire property or his minimum share

Kawmini Liyanage   29 December 2021

Greetings!

Application of Hindu Law comes into action in the absence of a Last Will of the owner of the property. Therefore, assuming that the property in question has been left intestate, the following answer will be provided. 

According to The Hindu Succession Act of 1956. And its amendment of 2005

Section 6

"Section 6(1) ...daughter of a coparcener shall,

(a) by birth become a coparcener in her own right in the same manner as the son;

(b) have the same rights in the coparcenary property as she would have had if she had been a son..

Therefore, a daughter has equal rights to property as similar to a son of the family. 

The Supreme Court decision in Vineeta Sharma vs. Rakesh Sharma and others. (Civil Appeal no 32601 of 2018) creates Stare decisis for daughters to equal rights for the inheritance of coparcenary property.

Moreover, application to a self-acquired property is similar to the above-mentioned criteria. 

Regards,

Kawmini Liyanage
 


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