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pooja (other)     30 October 2009

Right to property for daughter

Father had 5 sons and 5 daughters. He had 5 huge properties and a huge plot of land - all self created. Eldest son and another died. 1 daughter living in father's house which is in the name of deceased son's name during his presence and after his lifetime alongwith other visiting family members. Eldest daughter has built house on a piece of the plot of land.  2 sons with their familes and 2 widows are living in a joint family in 1 house in separate wings. There is no partition in the family, however eldest and youngest son has built own houses on the same plot as well. Another son has built a floor on the house  which is named in the deceased's son's name ( and therefore has not been put on rent ). Question is , what is the right of the daughters, or the entire property goes to the sons? Does the daughter who lives with her family in the father's house for over two decades need to vacate the house or can she claim that property as a right and not take the piece of land where the other sister has built her house? 



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 6 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     31 October 2009

After 2005, daughters in Hindu families have got equal share in the inheritance of their parents left properties and so the daughter even if she might not have lived in the house of her father, she would have been equally entitled to share the property and in the given circumstances, she is definitely entitled to the right to live as well as partition of the property.

1 Like

pooja (other)     31 October 2009

Can you please elaborate - under whicj Act since you mntioned 2005. Thanks.

pooja (other)     31 October 2009

Also, can you put a floor on rent if the house is in the name of the deceased son?  

Adv Archana Deshmukh (Practicing Advocate)     01 November 2009

 Hindu succession Act

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     01 November 2009

this is wth effect from which date?  this is important

K. Rajendra Prakash (Advocate)     11 November 2009

By virtue of The Hindu Succession(Amendment) Act 2005, daughters in Hindu families have got equal share in the inheritance of their parents left properties. Daughter is  entitled to the right to live as well as partition of the property.


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