Ashok (SE) 04 September 2017

Womens right on her father house(self earned)against her brother

Womens Right on her Father House(Self Earned)against her brother Married women DOB : 11/May/1956 Father Expired on : 1996 State: Tamilnadu Whether the above Married Women have rights in Father Self Owned House. Have Equal Rights, Since the Father exipired before 2005 and any section apply to get equal share on the House. What is about Section 23 of the 1956 HSA on with Dwelling House means (Whether it Anstestral base)

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Advocate Bhartesh goyal (advocate) 04 September 2017

Yes daughters have equal rights and shares in the self acquired property of their parents (father and mothers ) irrespective of that their parents died before 2005.For getting share and rights in ancestral properties their parents should have been not died before 2005 and crossed the year 2005.

Siddharth Srivastava (Advocate) 04 September 2017

Mr. Bhardwaj is correct. The amendment was carried in September 2005 only and ammendment was not having retrospective affect.

Ashok (SE) 05 September 2017

Thank You Sir for your Response.

Assume that the daughter have equal rights with the Self owned Fathers poperty even if the expired on 1996.

So assumed here the 1956 HSA itself have the option to get equal against her brother.

But my clarification on the house (which is self owned by her Father during 1940) and her brother is staying there till now. The house where my mother lived before the marriage. ( the Marriage happen duing 1975).

whether here my mother have equal rights with regard to the house and the section 23 of HSA 1956 regarding the concept of dwelling affect it this.

Whether it can be calimed now since the the Father died during 1996.

This is for tamilnadu state.

Thanks in Advance...