• Married daughters right to father's property

Do married Daughters have rights to father's property, if father had died in the year 1976?
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

Married daughters have equal share in father self acquired property

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

You cannot deny your sister equal share in property

You can seek amount invested by you in carrying out improvements on the property

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

1. Yes, married daughters have equal right on their demised father's properties alongwith their mothers and brothers, if the said properties have been acquired or inherited by the fathers.

2. In case of ancestral properties title of which have not been changed for 4 generations, the daughters are not entitled to share of the same if their fathers have died before the year 2005.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

1.The daughters shall have to file a partition suit now before the Civil court.

2. The Court should be appealed to direct the son to deposit the periodic financial gains to the court for effecting partition of the same between all the legal heirs of your father.

3. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

Do married Daughters have rights to father's property, if father had died in the year 1976?

The daughters whether married or unmarried, have equal rights to that of the sons in their deceased father's properties if he is reported to have died intestate.

This law was introduced in the year 1956 hence the death of the father in the year 1976 will not make any difference.

They can file a partition suit if the brothers deny their rights at this stage.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

If yes, what is the best way proceed since the son has invested money and effort on that property?

If the son has invested without consulting an advocate on the subject then he has to look for an out of court compromise solution by compensating them of their share in the property either by a share in the property or by giving them money in lieu of their share in property.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

In Bengal the law of succession is Dayabhaga school of succession.

2. So the date of death of father is immaterial.

3.In other words on death of father on any date the daughters have equal share in the proeprty along with the sons .

4. The amendment Act of 2005 has no application in WB.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

If the property is in the name of father or in his share in ancestral property,all the daughters put together will have one share in the property . However, if father has died post June 2005, all the daughters will have equal right in the property.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

1. Subsequent to the enactment of Hindu Succession Act in 1956 the daughter succeeds to the property of her father if he dies intestate.

2. Irrespective of whether son has invested money and time on the property of his father, the daughter continues to have a share therein if father died intestate, which she can cull out by filing a suit for partition in the civil court.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

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