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Anandakumara MB (Lawyer)     16 July 2010

Rights of the daughter over his father self and ancesteral

Hindu daughter have rights over his father property,

Please clearly indicate me from which year married daughter have rights under this law???? and of what age daughters  have rights?? like in 1945 married daughter has rights over his father property???

If the other daughters are not interested in property still interested daughter can cliam???



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 14 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     16 July 2010

She has right and share in ancestral property. during the lifetime of father, she have no right in father's self acquired property.

N.K.Assumi (Advocate)     16 July 2010

Concur with the above observations.

Bobby Mani T (Lawyer)     16 July 2010

The father has got absolute right over his property whether it is ancestral or self acquired. So he can dispose it to any one he preferes.  and all the children are equal hairs whether married or not

Anandakumara MB (Lawyer)     16 July 2010

I need any limitation of marriage year or Age of the daughter???. Father was expired in 1985 only sons are enjoying the property. Now daughter -age of 70yrs can claim his right over her father's properties.

prabha mangale (advocate)     16 July 2010

1]daughter will not get the share in ancestral property if her father died before 1956

2]daughter married after1994 wll get equal share with her brother

3 ]if she has the right  in ancestral property  & eventhough other  daughters are not claiming she can claim

prabha mangale (advocate)     16 July 2010

if father died in 1985 then she wii definitely get the share

Anandakumara MB (Lawyer)     19 July 2010

Please calrify is it Right" daughter married after1994 wll get equal share with her brother" daughter married after 1994 will not get the share over his father's ancesteral prpoerty???

prabha mangale (advocate)     20 July 2010

daughter married after 1994 will  get equal share with her brothers in ancestral property also.

daughter married before 1994 will also get share in acestral property but in that case there will be notional partition

eg.if there are 2 brothers & a sister then assuming that father is alive there will be patition bet father & 2

sons each will get 1/3 share then as now father is not alive his share will be divided in to 2 brothers 1 sister

so each brother will get 4/9th share & sister will get 1/9th share it will be the perfect position

Bhartiya No. 1 (Nationalist)     21 July 2010

Those females who have married before 1956, are not entitled to claim ancestral property. But I have doubt over the self acquired property of her father and will clear it later on possibly they can claim over self acquired property of their father.

raj kumar ji (LAW STUDENT )     21 July 2010

 dear,ananda .the daughter have right on his father property ,when father fas self earned property and father has died without right any will.

in the other hand when the property is ancestral ,daughters have also right the share of property .

in the other hand when the father right any type of will ,and after the death of the father property were distributed as he right in the will as useual . ok

prabha mangale (advocate)     21 July 2010

it is not the correct position . even if daughter married before 1956 she will get share in ancestral property if her father died after 1956 .

in case of self acquired property as daughter is class 1 heir she will get share in self acquired property of her father provided that her father died intested

prabha mangale (advocate)     21 July 2010

please see my other replies

Anandakumara MB (Lawyer)     22 July 2010

Grand father has 5 acres of ancesteral property, and 1 acre of self acquired property and passed before 1985. The Grand mother has 2 acre of self acquired property and passed on 2000. They have 4 sons and 3 daughters. The sons are partioned the property in 1989 and 2 daughters are not interested in property, one interested and how much she will get? and interested daughter was married on before 1956.

Please clarfy and provide any judgements for such partitions.

raj kumar ji (LAW STUDENT )     22 July 2010

adv.prabha ,iagree with u ?,

shayad mainae bhi kuch aisa hi likha hai.plz read it

 


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