Daughter's share in fathers property 9/9/2005act

Querist : Anonymous (Querist) 02 December 2019 This query is : Resolved
The condition that father should be alive on 9thSeptember 2005..while daughter claiming her share in father's property.pl.confirm sir..ie.father existence on 9.9.2005

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P. Venu (Expert) 03 December 2019
You have not posted the material facts, The amended provision only deals with ancestral property. If self-acquired, the daughter is vested with a right in the property left intestate.

Sankaranarayanan (Expert) 03 December 2019
What is your exact query? please disclose facts.

kavksatyanarayana (Expert) 03 December 2019
Please disclose facts of the query to get proper reply. However to my understanding, daughter has equal right along with other legal heirs.

Dr J C Vashista (Expert) 04 December 2019
Mr./Ms. Anonymous,
You have posted vague facts for the examination hall question paper.

It is advisable to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding if there is some truth in your story.

K Rajasekharan (Expert) 04 December 2019
There were conflicting judgments in that regard from the Supreme Court itself. Earlier position was that the case must exists and the father should be alive on that date but in a later it was changed it seems. The father need not be alive on the date. That is what I remember.

Please check this site’s Article Section itself. I remember reading some articles about the issue on this site itself.

The Phulavathy case and Danamma case, one in 2016 and another in 2018, are the cases in which the Supreme Court of India issued difering opinions.

One recent article that deals with this issue, with ncessary citations is at https://www.lawyersclubindia.com/articles/Hindu-Daughter-s-Equality-Right-to-Succession--10789.asp

There were a few articles on this subject appeared on this site earlier too.

Querist : Anonymous (Querist) 07 December 2019
Thanks a lot sirs....for your replies!
Father being alive on 9/9/2005 at amendment 2005 Act is the must or not.. as many judgements were delivered after 2005.

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