kumar (owner) 10 December 2015

Daughter rights on ancestral property

Hi Team,

Recently SC gave judgement for PRAKASH & ORS Vs PHULAVATI & ORS

Case no: CIVIL APPEAL NO.7217 OF 2013.

Attached case pdf for reference.

As per my knowledge, Dughters inherit ancetral property only if father and daughter alive on 9 th September, 2005. provided no partition happened before 2005.

let me explain mine. we have a property broght by grand father and he died intestate.we are 3.one daughter and two sons. my father, mother and grand father died before 1997. he brought property with my name, my brother name and his name(grand father name) on sale deed. will the above stated judgement applies to my case? if so can i show this case details in court so that same will be applied for my case?

could you please tell me if she can claim share?

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4 Replies

Adv. Yogen Kakade (+ 91 9225510883) 10 December 2015

Hi,

Your query doesn't explain the case thoroughly.. can you be little precise on the same?

Adv. Sagar R. Jadhav (Proprietor) 10 December 2015

All dauters married after 2005 means after the said amendment shall get share in the father's property.

kumar (owner) 11 December 2015

@TGK REDDI

Is your sister married? Yes before 1970 and she was divorced and in living relationship. she left her children to first husbend. with second one she does not have any children and there are no legal proofs that she had 2nd marrige. Her children with first husbend can have share?

could you please tell me if below assumption is correct?

As per my knowledge, Dughters inherit ancetral property only if father and daughter alive on 9 th September, 2005. provided no partition happened before 2005.

Sandeep Shukla (Teacher) 11 December 2015

Such property matters are also dependant on state laws.

So without knowing whether the State falls under Dayabhaga or Mitakshara, it is not right to opine.

As per my knowledge, In Dayabhaga system daughters throughout have a right in father's property even if ancestral, and it does not matter whether they married before or after amendment act as far as share is concerned.