Right on father's property
Querist :
Anonymous
(Querist) 11 October 2011
This query is : Resolved
Hello,
Please let me know a daughter(if she married) how much have legally right or occupy the house on her Father property if father died without made any will of the property.
Sailesh Kumar Shah
(Expert) 11 October 2011
Daughter is also right to inherit properties after amendment in HSA in 2005.
Sankaranarayanan
(Expert) 11 October 2011
yes daughter have right but at the same time certain limitation also. If you have only one then your portion will legally permissible.
Querist :
Anonymous
(Querist) 11 October 2011
but in this link on Certain exceptions section there defined "If within the inheritance a home is included, in which the heirs of the deceased are living, and the heirs are both male and female, the female heir is not allowed to request partition until the male heir chooses to divide their respective shares. If this female heir is a daughter, she has the right to reside in the home if she is unmarried, divorced or widowed." http://en.wikipedia.org/wiki/Hindu_Succession_Act,_1956
Ganesh Chavan
(Expert) 11 October 2011
Intestate succession is based on deemed partition at the time of death of a coparcener. Class 1 heirs are defined in HSA 1956 which include widow and children.
2 and 3. Woman, married or unmarried, has right to partition and right to live in her father's joint property or HUF property as per amendment 2005.
Shastri J.K.
(Expert) 11 October 2011
yes, daughter have right,with son & wife.
Sailesh Kumar Shah
(Expert) 11 October 2011
Dear author,
You are right. You have no share. Same was informed through PM by shri r ramachandran. Again Thanks to him.
prabhakar singh
(Expert) 11 October 2011
A DAUGHTER HAS AS MUCH RIGHT AS HAVE THE SONS
WITH REGARD TO SHARE THERE IS EQUALITY.
rest you are talking about section 23. Special provision respecting dwelling houses
Where a Hindu intestate has left surviving him or her both male and female heirs specified in class I of the Schedule and his or her property includes a dwelling house wholly occupied by members of his or her family, then, notwithstanding anything contained in this Act, the right of any such female heir to claim partition of the dwelling-house shall not arise until the male heirs choose to divide their respective shares therein; but the female heir shall be entitled to a right of residence therein:
PROVIDED that where such female heir is a daughter, she shall be entitled to a right of residence in the dwelling house only if she is unmarried or has been deserted by or has separated from her husband or is a widow.
