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Anil Agrawal (Retired)     30 October 2008


Can a marriage daughter claim a share in deceased father's self acquired dwelling house which under possession of her brother? What is the procedure? What are her rights?


 12 Replies

UMA DEVI MADASANI (INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student)     04 November 2008

Your question is not clear sir.  Regarding daughter's right to property of deceased father's self acquired property the local laws prevail.  In Andhra Pradesh a married daughter has equal right in her father's property to that of her brother and mother and other sisteres if any.

Anil Agrawal (Retired)     13 November 2008

 Father died leaving behind wife, two sons, five daughters ouf of which two are mentally retarded and physically challenged. One of the sons turned out all of them from the house and is now the sole occupant. Mother with two mentally retarded daughers is staying with her eldest daughter for the last twenty years without any support from any where. In these circumstances, can daughers and mother claim their share from the property (only dwelling house under occupation of the son). I learnt that daughters can claim the right to stay but cannot claim share in the property. What can be done?

Anil Agrawal (Retired)     13 November 2008

 The property in the shape of a house is in Mumbai. All he surviving members of the deceased are also in Mumbai. If Hindu succession Act permits it, they should get their share by obtaining succession certificate. 

Anil Agrawal (Retired)     13 November 2008

 What does the Hindu Succession Act say?

Anil Agrawal (Retired)     13 November 2008

 How Succession Cerificate is obtained by heirs? Which court, time, money.

Anil Agrawal (Retired)     13 November 2008

 On the face of this Section in the HSA, how can a daughter get her late father's property. Her brother will never alienate the property and if brother and sister are estranged, the sister can't stay in the house and is practically disherited:

23. Special provision respecting dwelling-houses.-- Where a Hindu intestate has left surviving him or her both male and female heirs specified in class I of the Schedule and his or her property includes a dwelling-house wholly occupied by members of his or her family, then, notwithstanding anything contained in this Act, the right of any such female heir to claim partition of the dwelling-house shall not arise until the male heirs choose to divide their respective shares therein; but the female heir shall be entitled to a right of residence therein:

Provided that where such female heir is a daughter, she shall be entitled to a right of residence in the dwelling-house only if she is unmarried or has been deserted by or has separated from her husband or is a widow.

Anil Agrawal (Retired)     13 March 2009

 Let me add that even afte amendment to the Hindu Succession Act in 2004, a daughter gets the right to her father's dwelling house ONLY if she gets AFTER the amendment came into force. Som law?

Anil Agrawal (Retired)     13 March 2009

 Sorry. Typing error. Clarifying.

The daughter gets a share in her late father's dwelling house if she gets married after the amendment came into force in 2004. In other words, a daughter married prior to 2004 is denied the right.

Anil Agrawal (Retired)     14 March 2009

 What is court fee rate for obtaining succession certificate on a property the market value of which is 40 lacs?

Swami Sadashiva Brahmendra Sar (Nil)     28 March 2009

normally, unlike other cases, court fee on succession certificate is paid at the time of issuance of certificate and not at the time of presentation of application.. court fees Acts are state wise therefore see your state's court fees  Act. rates and slabs  would have been provided in schedule of that Act.

Parvez Kotadia (Service)     31 March 2009

We are Muslim family residing in Mumbai. My maternal grandfather was from gujarat and left agricultural land behind him. My mother has 4 brothers. This piece of land came under state govt's dam project and they received 2 out of 3 instalments as compensation for agriculture land going into dam. On verifying the matter it was revealed that my mother's name was not included as hier in the application and thus not entitled for the compensation. The brothers are not willing to give my mother's share. What are the possible options to claim right on the compensation? 

Y V Vishweshwar Rao (Advocate )     31 March 2009

Shri  Anil Agarwalji   !

On Your Queries I  am of the  view that;-

The  Dauther is entitled to  her share  in propertry  of her late father

She/they  can file  suit for partition & Spearate Possession 

The Section 23 is omitted by Amendment  to Succession Act ( Act N0;- 39 /2005 wef 9-9-2005 ) . The Pleaa that the  Dauthers can not  ask for partitioon of Dwelling House is not availabel to sons

 There shold be- Proerty Undivided-   for partition , whther daugher married prior to or after 2004/2005   is not   a point- in view of the Amendments in the Hindu Succession  Act .

A suit for partiion can be filed by daughters


The delay of --- years  may not disentitle  the parties to claim share , on the other hand Two daughters are mentally  retarted . A Next friend can file a suit for partition .


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