salila (student) 27 February 2024

Partiton in property

sir,

two bros x and y purchased a property .on dispute of partition ,court decided it as joint hindu property of deceased .late father only three sons x,y, and z...late father had no daughters.all three sons have also daughters -so they got share from father,s share

now these daughters are suing for equal share like their father as per their birth .

can it be law -they got share from father now also addition in from grand father.pl guide .thanks

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Quick Summary

This discussion explores the rights of daughters in a joint Hindu property partition. The core question is whether daughters, who have already received a share from their father, are also entitled to an equal share directly from their grandfather's property. The consensus suggests daughters are entitled to a share from their father's portion of the ancestral property, not directly from the grandfather's estate, especially after recent Supreme Court rulings on equal rights regardless of birth year.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 27 February 2024

The daughters are entitled to a share in the joint family property out of their father's share in the property and not a share out of their grandfather's property directly

salila (student) 29 February 2024

thanks sir,

but it is said that supreme courtin recent judgements has given shares to all male and female,not withstanding their before 2005 birth or not.

if you have citation -ma you pl quote that .

T. Kalaiselvan, Advocate (Advocate) 01 March 2024

The children are entitled to a share out of their father's share in the ancestral property after the father is partitioning his share of property equally between him and his children.

Don't misread the judgement and interpret them to your convenience.