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milan yadav (Teacher)     31 July 2010

Right of Daughter after father's death

Hi

Can someone may  guide me about the right of daughters in father's property and assets ,if father has passed inestate(without nominee or will)  in the state of Uttar Pradesh.

thanks



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     01 August 2010

A daughter is a class I heir and so, shall get equal share in the property along with the wife and sons of the deceased.

1 Like

Bhartiya No. 1 (Nationalist)     01 August 2010

Yes, Archana madam has advised correctly . They get equal share in their father's property, whether the property is ancestral or self earned.

1 Like

milan yadav (Teacher)     05 August 2010

Sir/Maam

Will the same abovesaid law prevail even if daughters are married?

 

thanks

 

Bhartiya No. 1 (Nationalist)     05 August 2010

Daughters get equal share in their father's property, whether they r married or unmarried, if it is self earned in absence of any will.

If the property is ancestral then whoever has got married before 1956, will not get any share, those have married after that will get share in her father’s share, in absence of any will.

Bhartiya No. 1 (Nationalist)     05 August 2010

Daughters get equal share in their father's property, whether they r married or unmarried, if it is self earned in absence of any will.

If the property is ancestral then whoever has got married before 1956, will not get any share, those have married after that will get share in her father’s share, in absence of any will.

Also married women ( after 1956,) do not get share in ancestral living house or has been used for living purpose since generations (Khandani House) in partition of ancestral property. But what is the status in 2005 amendment, just check

Before 1956, the unmarried, widows, divorcees, ‘Parityaktas (abandoned) were had right to enjoy the ancestral property during her lifetime, but they do had right to alienate or sell, will gift etc.

Above is as per me according to “Mitakshara School of family” , let us wait for the opinion of other experts, or u may cross check with any good civil lawyer.


If anything else u need to ask or is having any confusion then plz. post it again,

Bhartiya No. 1 (Nationalist)     05 August 2010

So many things has changed in 2005 amendment of  Hindu succession, for that u may consult any good civil lawyer or wait for the opinion of an expert.

When u r married if any.

Bhartiya No. 1 (Nationalist)     05 August 2010

If u have any specific query or problem, u may ask in Expert section of LCI. There u will get the attention of experts.


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