Does daughters denied the rights
suresh babu
(Querist) 08 September 2014
This query is : Resolved
Mr. anirudh, I am questioning here for womens to get her share in the property, as you told that my fathers inherited share to is self or seperate & absolute property to me,so I can sell ,will or do as i like. Ok in that sence I will partition the inherited property only to my 2 sons, denying share to my 2 daughters. so as the property partitioned by me will acquire self acquired property to my son.
My son also partition the property to his 1 son again denying share to his daughters.
If this cycle continues from generation to generation then daughters would not get any share in the inherited property.
Sir now please tell me what is womens property rights under hindu succession act 2005. please dont mistake me on this question.
Anirudh
(Expert) 08 September 2014
PROPERTY RIGHT OF CHILDREN (IT IS APPLICABLE BOTH TO SON AND DAUGHTERS - THEREFORE THERE IS NO DISCRIMINATION) IN PARENT'S SELF ACQUIRED PROPERTY IS TOTALLY 'NIL'.
In their wisdom, the parent(s) give the property to either to son or daughter or only to one son and not to others or only to one daughter and not to others - it is their wish. NOBODY HAS ANY RIGHT.
What you are in fact is asking is about the rights of daughters in the ANCESTRAL PROPERTY.
First you should know what is ancestral property. And whether the said Ancestral property had already been partitioned before the Cut-Off date i.e. the date from which the Daughters have been granted equal right as the sons in the family.
If the property is ancestral, and if it had not been partitioned prior to the cut-off date, THEN AND THEN ONLY, the daughters can get a share otherwise NOT.
