MUKESH KUMAR GANDHI (DY.MGR) 16 May 2013

Married doughter right in father self ecquired porperty

Respected Sir/ Madam;

A man's wife got expired and he has 3 married daughters from her and his 2nd wife was divorcee who brought her son with her. The man has self acquired property, the man don't want to share property with his daughters and want to give all to the son or his 2nd wife can the daughters claim for their right in the property and what if the man has made will or transferred the property to the son or 2nd wife name.

The man is still alive I want to know whether the daughter can claim for their right in the property when before he makes the WILL or transfers it to his son or his 2nd wife name or after such action under witch section of LAW.

thanks & regards

Mukesh Gandhi

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4 Replies

(Guest)

Hello,

Under any law if the property is self acquired then the owner of the property can dispose his property as per his wise decision however, if it is ancestral than all the legal heir can claim the share in this property.

In your case you say the property is self acquired so we don't have any legal remedy for this. However, you have to go the otherway round, you have to try your best to prove that the property is acquired by the income of your ancestral property like (Business, agriculture etc).

Hope this helps.

MUKESH KUMAR GANDHI (DY.MGR) 11 November 2015

An artical has been printed in newspapers on 1st Nov'15 that daughter have equel right in farher' property if father and daughter are alive in September 2005 it is applicable on self acquired property or not

advocatepassy@gmail.com 971794 (Advocate) 12 November 2015

Mr Mukesh is right partially. Daughters are entitled to father's property if the father dies intestate. Otherwise on self acquired property he has absolute right to dispose till,he dies

R K........ (Analyst) 16 November 2015

Mr. Vinod. if the father died before 2005, then daughter doesn't have equal right on his property as per recent supreme court judgement.

Refer to the below link

https://www.dnaindia.com/india/report-sc-says-daughters-whose-fathers-died-before-amendment-in-hindu-succession-act-have-no-right-to-inheritance-2141143