Partition in fathers property

Anamika agrawal (Querist) 17 January 2014 This query is : Resolved
Hi,

Can a married daughter claim a partition in fathers property? If yes then what is the procedure to claim partition? is there any ground to claim partition under Hindu Succession Act?

Please answer as early as possible.
Awaiting for response.
Thanks in Advance.

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V R SHROFF (Expert) 17 January 2014
yes, daughter can ask for partition [ except in dwelling house,residence of family , where all sons need to agree]

R.K Nanda (Expert) 17 January 2014
YES,BY FILING PARTITION SUIT IN CIVIL COURT.

FOR PROCEDURE CONTACT LAWYER.

ajay sethi (Expert) 17 January 2014
yes daughters can ask for partition

Rajendra K Goyal (Expert) 17 January 2014
She can file partition suit in court to have her share.

Advocate. Arunagiri (Expert) 17 January 2014
Please state whether your father is alive?

kuldeep kumar (Expert) 17 January 2014
She can declare her intention to sever during lifetime of father and after death of father she can insist her right.
If father is alive still she can get separate with other members remaining joint.
Is it separate property then all LL inherit equally unless gift or LL is made.

Raj Kumar Makkad (Expert) 17 January 2014
You have not mentioned whether father is alive or dead and whether the property is self acquired of the father or ancestral without which you cannot get the definite reply.

I slightly differ with the opinion of the experts expressed above.

Advocate. Arunagiri (Expert) 17 January 2014
My friend Mr.Rajkumar had asked the questions, which I forget to ask.

Anamika agrawal (Querist) 18 January 2014
Makkadji father is alive. And the property is self acquired of the father.

Rajendra K Goyal (Expert) 18 January 2014
For self acquired property the owner has the right to sell, mortgage, transfer, gift or will to any body as per his wish. Heirs can claim if the owner expires intestate.

Advocate. Arunagiri (Expert) 18 January 2014
If the father is alive and self acquired property, it is the discretion of the father.

The daughter or son has no right to demand partition from that property.

Raj Kumar Makkad (Expert) 18 January 2014
Such property cannot be asked for the partition either by daughter or son during the life time of their father.

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