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Priya (C.S.)     10 October 2011

Property matter

Do daugthers have a right in the father's property? Suppose the father dies inestate and  he is survived by one son and 2 daugthers. Would the property go to the son alone or would it be equally distributed between the 3 children. The daughters are married women and not dependant on the father. The son is a major too and not dependant on his father. I feel the property should be distributed equally. Kindly advise. Would appreciate it if you could help me with some case laws. Thanks in advance.


 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 October 2011

Yes you are right.  When father dies intestate succession opens, so all the legal heirs of the deceased are entittle for the equal share along with the mother.

medappa (legal)     10 October 2011

As per the Amended Hindu Succession Act, daughters will also be entiled to an equal share in the property 

K. GOPALAKRISHNAN (ADVOCATE)     11 October 2011

Ms. Priya,

As per the amended Hindu Succession Act, both son and daughter are entitiled to share the property of their father only in the case of Intestate death.  Any bequeath to certain son or daughter by the deceased person and then, the others would not have any claim over the property.  Daughters who have got married before 1987 (exact date and month not known) are not eligible for any claim. 

sridhar pasumarthy (ADVOCATE)     11 October 2011

unless you mention whether they are hindus, christians or muslims, you can't get correct answer.  Because, mode of succession differs from one religion to another religion

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