Property issue

Dear Querist,

1.      Considering that you belong to a Hindu Family, basically under an amendment made under Hindu Succession Act in the year 2005 which sought for providing equal rights to the daughters in the father’s property as that of the son, earlier only unmarried daughter had the right to obtain the property of their father’s after their death but after the amendment into the succession act a daughter whether married or not, has been given a right of inheritance in her father’s property.

2.      The concerned Amendment states that the daughter born on, before, or after 2005 shall have the same rights in the father’s ancestral property as well as the Self-Acquired as that of the son.

3.      The Hindu Succession Act groups the female heirs under Class I of the Schedule, and all the heirs mentioned under this schedule inherit the property of intestate fathers simultaneously.

4.      In the case of Shailndra Kumar Jain v. Maya Prakash Jain, (2019) 15 SCC 770 – The father or mother dying intestate, under principles of amended Hindu Succession Act, every Class I heir including daughters, is entitled to share in the property of parents. Partition pursuant to decree in an earlier partition suit of 1966 cannot, in any way, disentitle a daughter from claiming a share in properties of her parents in a subsequent suit when the 2005 Amendment Act had come into force.

Hope this helps. 

Thank you for information sir 

I am a daughters only son and my mother and father both are no more sir.my aunts also supports me to get the property share sir can I file case against him sir to get the my grandfather property.and how much it will take to complete the case sir 

Please help with your valuable suggestions sir 

Thank you sir