right of property of daughter

Querist : Anonymous (Querist) 21 November 2009 This query is : Resolved
sir,
i want to know wheter a daughter has a right in hers fathers self earned property as father died in 1983 and at that time the daughter was married and want to claim hers right in the property from hers brothers now.

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Devajyoti Barman (Expert) 21 November 2009
Married daughter has right in the father's property if the father dies intestate (without a will). To claim her share the daughter will have to file a suit for partition of the property in question in the court within which territorial jurisdiction the property situates.

Vineet (Expert) 21 November 2009
Yes, married daughter has equal rights as class I successor in an intestate Hindu succession of self acquired property.

G V S Jagannadha Rao (Expert) 21 November 2009
I concur with the above opinion.

On your filing case NOW, let me add that there cannot be any limitation for filing a partition suit because possession by co-owners can never be adverse.

dhiraj choudhary (Expert) 21 November 2009
ok respected member now close this query

Sachin Bhatia (Expert) 21 November 2009
Yes, married daughter has equal rights in her fathers self earned property.

Raj Kumar Makkad (Expert) 21 November 2009
I fully differ with the opinion of all above noted experts to the effect that the married daughter was entitled to inherit the self acquired property of her father in equal share though she is listed in class 1 heir. At that time the married daughter had only right of maintenance in the immovable property of her father in inheritance.

Suppose her father had 2 sons, one daughter and one wife then after his death the immovable property would be divided in 4 shares. 3 shares shall go equally in favour of both sons and widow and 4th sharee shall again be divided in 4 shares and all 4 lega heirs including that daughter shall equally inherit this 4th share. Thus her share shall be 1/16th and not 1/4th as described by all other experts.

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