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Shivani Rathore   06 April 2020

right of to farther's property

Hindu Father died in the year 1982 left 7 children behind in which 3 are son and 4 are daughters .

Till now (year 2020) property is not partitioned. But right
over father's property to daughter was given by the Hindu succession amendment act 2005 and father died before this amendment.

so my question is that - are daughters have right over property of father in the partition


Learning

 11 Replies

G.L.N. Prasad (Retired employee.)     07 April 2020

Contact a local advocate for more guidance.

Shivani Rathore   07 April 2020

do daughters have right over hindu father's property if partition is not being done but father died before 2005

P. Venu (Advocate)     07 April 2020

The property, if self acquired (and not ancestralc), is vested with all the legal heirs including the daughters.

adv. rajeev ( rajoo ) (practicing advocate)     08 April 2020

Yes they have but notional partition takes palce.  Son will get more share than the daughters

P. Venu (Advocate)     08 April 2020

The querist no where has stated that notional partition has taken place. It is my considered opinion that suggestion should not be gdc on assumptions and presumptions.

Dr J C Vashista (Advocate)     09 April 2020

Daughters have equal right in the intestat property left behind by deceased father. 

There are various relevant questions which have not been posted by you, therefore, it is advisable to consult a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.

 

1 Like

Archit Uniyal   11 April 2020

Hi,

In 2005, the Supreme Court had passed a landmark amendment to The Hindu Succession Act of 1956, granting daughters the right to inherit ancestral property along with their male relatives under the amended section 6.

However, The Supreme Court in the case Prakash vs Phulavati held that the daughter and the father, both must be alive for the amended section to take effect. If the father has died before the commencement of the Act, his case would be governed by the pre-amended section 6.

In such a case, the ancestral property would devolve only upon the male coparceners of the Hindu Undivided Family (HUF), and form a part of their estate for succession purposes.

If a daughter of a coparcener died before the commencement of the Act, her heirs would have no right in the coparcenary property as she would not have acquired any rights in the coparcenary property.

In this case, you won't have any rights as per the ruling of the Supreme Court.

I hope this solves your query.

Regards,

Archit.

 

1 Like

G.L.N. Prasad (Retired employee.)     12 April 2020

Confusion, misinterpretation, half-knowledge, over knowledge, etc made the division in the families and after 2005 enactment, either for greed or for any other reasons, there are no cordial relations in between siblings in several cases.   Some daughters might have acquired some rights, without studying the facts and circumstances others daughters are assuming Why not we also? and treating the brothers as treacherous.

Ritesh   23 April 2020

Why so ?

how do u support.

Palak Singh   28 April 2020

Hey, so your question us related to a daughter’s right in father’s property, after the Amendment of 2005.

The position of the courts on whether the daughters have a right in the property of father who died before the 2005 amendment is very dicey. According to the Supreme Court judgement in 2015, the Act applies only to cases where the father was alive on or after 9 September 2005. In case the father passed away prior to this date, regardless of the daughter being alive on this date, the daughter will not get the benefit of this amendment and will, therefore, have no rights over the ancestral property.

In such a case, the ancestral property would devolve only upon the male coparceners of the Hindu Undivided Family (HUF), and form a part of their estate for succession purposes.

You an refer to the following articles to get a clearer view:

  1. lawyersclubindia.com/articles/Hindu-woman-s-right-in-ancestral-property-An-endless-saga-of-twists-and-turns-8771.asp
  2. https://www.lawyersclubindia.com/articles/Hindu-Succession-Amendment-Act-2005-Empowering-Women-1058.asp

Hope this answers your query.

Regards

Palak Singh

Varun Singh Kalra   17 May 2020

Hello Shivani,

 Your query has been answered by Advocate Vaibhav Kalra in this youtube video - https://www.youtube.com/watch?v=2-iyVqsW4kg from  -  6.15 - 11.30 

LAWyersClubIndia is coming with many more such Quick Query Resolution sessions for the querists looking for legal advice!

Hope you find this useful!
 


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