Partition of property
khalid jaffrey
(Querist) 10 June 2014
This query is : Resolved
please help me a small query-
can a daughter claim her right to the property of her father(Joint Hindu Family)during the life time of her both the parents.
what would be her share eg. 1/3 or 1/4th if the family consists of 1.father 2.mother 3.one son 4.two daughters all surviving.
Regards
khalid
T. Kalaiselvan, Advocate
(Expert) 11 June 2014
If the daughter is a coparcener, she is entitled to claim her legitimate share in the property through partition.
malipeddi jaggarao
(Expert) 11 June 2014
whether it is inherited property or self-acquired property of the father? If it self-acquired property, nobody canclaim rights on it and he is free to deal with the property in whatever way he wishes.
ABDUL RAZIQUE
(Expert) 11 June 2014
Post 2005 – now a daughter also would acquire ownership rights on the property from the time of her conception (provided ofcourse she is born alive). She has the same rights of partition and power to deal with the property as she pleases, this right extends to seeking a partition and sale of the family home as well. Hence there is a complete parity in terms of rights. However it would be profitable to remind ourselves that these rights extend to only ancestral properties (or joint family properties – are properties which people inherit from their paternal ancestors/property through into common hotch potch/property acquired by joint family efforts/accretions etc) and not separate properties (which include property earned by gift/will/acquired through purchase from own funds/acquisitions from own skill etc.)
Raj Kumar Makkad
(Expert) 14 June 2014
Well advised by Abdul. I do endorse his advice.
