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Madhu 12 December 2024

Daughter married after 1994 karnataka

Daughter marrried after 1994 karnataka (Married in 1998) ,father and son not partioned the property till 2004, what was the share of the Daugher , still she is alive. Property are ancestral .

Thank you

Learning

3 Replies

T. Kalaiselvan, Advocate (Advocate) 12 December 2024

The daughter married before or after the said date is entitled to a rightful share in the ancestral property as a coparcener

Madhu 12 December 2024

Thank you so much for your response sir,

Father and son partioned property in 2004 by partion deed without any share for daughter, she is not a party of the partion , now she can challenge filling the civil suit.

Thank you

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 December 2024

Partition Deed and Daughter's Rights In India, the Hindu Succession Act, 1956, governs the rights of daughters in ancestral properties. The Act underwent significant amendments in 2005, granting daughters equal rights in ancestral properties. Key Points

1. _Partition deed in 2004_: The partition deed was executed before the 2005 amendment to the Hindu Succession Act.

2. _Daughter's rights_: Since the daughter was not a party to the partition deed, she may still have rights in the ancestral property.

3. _Challenging the partition deed_:

The daughter can challenge the partition deed by filing a civil suit, claiming her rights in the property. Relevant Legal Provisions

1. _Hindu Succession Act, 1956_: Section 6 of the Act, as amended in 2005, grants daughters equal rights in ancestral properties.

2. _Partition Act, 1893_: Section 4 of the Act provides that a partition deed must be executed in the presence of all parties, including daughters. Possible Grounds for Challenge

1. _Lack of representation_: The daughter was not a party to the partition deed, which may render the deed invalid or voidable.

2. _Undue influence or coercion_: If the daughter can prove that the partition deed was executed under undue influence or coercion, she may be able to challenge the deed. Next Steps

1. _Consult a lawyer_: The daughter should consult a lawyer specializing in property and inheritance law to discuss her options and possible grounds for challenge.

2. _Gather evidence_: The daughter should gather evidence to support her claim, including documents related to the partition deed, family relationships, and any relevant correspondence or communications.

3. _File a civil suit_:

If the lawyer advises that the daughter has a valid claim, she can file a civil suit challenging the partition deed and seeking her rights in the ancestral property.

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