Whether equal right of daughter in family property including residential house.
sudip Mukherjee
(Querist) 12 January 2016
This query is : Resolved
Sir
My father died on February,1992 leaving two sons & one daugher. I asked earlier that whether my married sister has right on property including residential house where I am living. In response to my queries, the honourable lawyers has given their valuable coments that my sister has equal right on property. I am in dark whether she has also right on residential house where I with my younger brother are living.
Futher, I would like to point out that the honourable supreme court has given a judgement that if father died before Sept,2005, his dauther has no right on the property. Whether this judgement is applicable in my case. I shall be highly thankful if I can get the judgement topies.
with regards, Sudip Mukherjee
rajagopal.s
(Expert) 12 January 2016
hi Sudip
where is the property located ?
Devajyoti Barman
(Expert) 12 January 2016
If you are from West Bengal then the decision of the SC has no applicability as in WB and Assam there is no concept of ancestral property as far as daughter's right of inheritance is concerned.
Rajendra K Goyal
(Expert) 13 January 2016
Your sister has right in the property of your father.
Go through full judgement of the Supreme Court.
P. Venu
(Expert) 13 January 2016
The amendment to HSA and the subsequent decision decision of the SC has relevance only in respect of ancestral properties. In respect of other properties the daughters already have had equal rights.
T. Kalaiselvan, Advocate
(Expert) 17 January 2016
Well advised by expert Mr. P.Venu. You should go through the judgement fully and properly to understand the judgement as suggested by expert Mr. Rajendra K Goyal.
Dont misinterpret law by not understanding it properly.
K.S.Srinivas
(Expert) 24 January 2016
Your sister has equal right on the housing property.
