Daughters share from fathers property

I am aware of the fact that he can distribute the property as he wish (will / settlement / gift) . But wanted to know if a daughter has got married before 1990 she is not eligible to claim fathers property if no settlement / will has been made on the property owned by the father.

If the father died intestate then the property will devolve equally among his wife, sons and daughters(either married or unmarried )

Since the property is a self aQuired one the question you had posed doesn't arise.if your father had died intestate then as a class one legal heir the daughter is entitled for equal share

See basically you are confusing with few aspect of the Hindu Succession Act or if you are from Tamil Nadu then more additionally you are adding some thoughts of Indian Succession Act and Some one above is adding some thing regarding State Amendment in Hindu Succession Act regarding HUF and dates etc. So don't get confused. Additionally don't listen here and there who have not read Act properly , Rumours will make you confused about Succession Law and you will keep on asking here and there again and again. 

 

1) Basic concept is there are two types of Succession 1)  Intestate Succesion (This is when person dies without will ) 2) Testimentary Succession (Person when Dies with will )

2) Intestate Succession for all people except Muslim , Christian, Parsi , Jew is governed by Hindu Succession Act 1956

3) Testimentary Succession is governemed by Indian Succession Act 1925

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When Hindu Succession Act 1956 was introduced there was lot social and political dispute on Hindu Law in our country , Rather very big dispute . So finally after dispute mid way they came with some forumla which have confused fresher or new person a lot.

1) In Hindu Succession Act they maintained Traditional HUF's and non HUF's also 

2) HUF's where further classified as (Mitakshara HUF  which is mostly for whole India ) There is separate type of HUF in West Bengal , There are few other different type of Family system for Tamil Nadu , Kerala have abolished HUF . Goa have uniform Civil Code irrespective of religion 

3) When male dies intestate ( That is without will ) . His Property etc. is divided equally among all Class  1 legal heir (List is more but short , I will say daughter , son, window , and pre-deceased son/daugher etc)

4) In HUF Mitakshara system (I will concentrate only that here because it is applicable to most India and other system I am not thorough specally South Inda 's Tamil Nadu certain HUF)

In HUF Mitakshara few amendments where brought by few states to give equal rights for girls in HUF . But in 2005 Central Govt changed Act and gave rights to all women in HUF as if they are son.

Specific relief for boys in dwelling house etc. where removed and girls got all rights etc.

5) Now further for legal dispute some people take that ours is Mitakshara HUF or other say succession of person who died intestate (In your case Male) . 

One person says Mitakshara HUF is applicable to only anchestor property , but law permits HUF to be formed by anyone and some create HUF for taxation purpose etc. by taking PAN card of Income tax.

6) So if dispute is required to be taken , it can be taken that HUF , or not HUF and so on. So it is further confusing for fresher

7) Govt. Policy as per Constitution Directive Principles is Boy and Girl are equal . Now law is more feminist protective type and also encouraging them to have equal rights. 

 

So girl can take this way dispute if she wants as HUF even if father has personal property owned telling he created HUF. and she can claim  as co-opernar .

Or she can take dispute that father died without will and so intestate succession of male is applicable and as class 1 she has rights

Or I feel there is pending question of law whether father can give all his self earned property to only son and not daughter (Here Constituion has more weitegage to acts, and may be in future , girls right can not be taken by will . So this dispute will surely occur and Supreme court one day in such question of law will take girls side that girls right can not be suppressed by will )

In all case I feel instead of going in legal technicality , better compromise with your sister else things may not go favourable as dispute can linger if she gets advocate who can create dispute the way i state or even raise question of law in High Court and Supreme Court     

 

In short compromise with your sister or ladies , This is wisest thing you can do and put all things straight and transfer the property to you with her good concent and good wishes. Else you will end up with confusing debate and various question of Law and even constitution interpretation. I don't know your background but women and their children are now more competent as compared to 1950's they can take dispute upto supreme court if they want and there are various ways for it.

List is large .

So in Short treat Girl an boy equal , brother sister equal . this is what constitution states and eventually Act with twisted words and legal process