Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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qquestioner1 (d)     09 September 2010

Girls property rights

I have seen many posts stating that after 1.1.2005 girls have equal right to  ancestral property. When you say 1.1.2005 doest that mean girls married after that date , born after that date or property divided after that date.

Also If my father buys property and registers it on my name, can my daughter lay a claim on it.



Learning

 3 Replies

Uma parameswaran (lawyer)     09 September 2010

Girls can claim equal right along with male over ancestral property from the amendment date.

V.G.Rao Advocate (Advocate)     10 September 2010

Girls can claim equal right along with male over ancestral property from the amendment date irrepective of date of marriage or date of birth.

Srinivas (Director)     11 September 2010

Women had rights since Indian Succession Act of 1956 on "Self Acquired Property". The amendment in 2005 gives rights to women for ancestral property (i.e property considered a Mitakshara Coparacenary, Dayabhaga, Nambodri, etc systems). The rights to the women were given retrospective and was deeded to be acquired by birth and on or after the date the Indian Succession Act was passed (i.e in 1956 with amendment applied). If the ancestral property was partitioned before 2005 or Dec 2004, the woman cannot ask for partition.


Few states (AP, Madras, Kerala, etc) had passed a similar amendment earlier. If the property is in any of these states you may have rights from an earlier time. You will need to consult a good lawyer who can look at your specific case and advise appropriately.

 

good luck,


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