What if father died before 2005?

According to a recent Supreme Court ruling, it does not matter whether the father was alive or not in 2005, when the Hindu Succession Act 1956 was amended to give equal rights to the daughter in her father’s property. Since your father died without a will, the property will be divided equally among all legal heirs.

Does daughter get father’s property before 2005?

According to the Hindu Succession (Amendment) Act 2005, you have the same right over your father’s property as your brothers do. According to the Hindu Succession (Amendment) Act 2005, you have the same right over your father’s property as your brothers.

How many generations can claim ancestral property?

four generations
How many generations can claim ancestral property? In case of a classified ancestral property that has remained undivided, four generations of the male lineage have their claim.

Can daughter in law claim ancestral property?

After the death of her husband, i.e., as a widow, a daughter-in-law has the right to her husband’s property left behind by him. This property can be either ancestral or self-acquired. The daughter-in-law has a right to residence only till the time matrimonial relationship exists with her husband.

Is there any time limit to claim ancestral property?

The limitation period to file a civil suit to restrict the sale of ancestral property by a legal heir is 3 years from the date of sale. As per Article 60 of the Indian Limitation Act, “a minor person should file such suit within three years from the date when he attained the age of majority.

Who is legal heir for grandfather’s property?

The grandfather can transfer the property to whoever he desires. If the Grandfather dies without leaving any will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by him.

Can daughter claim father’s property when father is alive?

According to Section 8 of the Hindu Succession Act 1956, read with the Schedule referred therein, daughters being Class I legal heirs, have the same rights as sons to the properties of their father, if the father dies intestate (without a will).

Can a relative claim his father’s property?

In relation to his father’s property, it needs to be seen whether such property has been bequeathed to your relative under a Will, or if he acquired a right in the same by way of intestate succession. We are assuming that this is not an ancestral property and hence it can be treated as self-acquired.

Can a woman demand for a share in ancestral property?

Prior to the amendments in this act, a woman belonging to a Joint Hindu Family could not demand for a share in the ancestral property which was alienated or partitioned. The utmost provision for women was limited to sustenance only.

What are the rights granted to daughters under the 2005 amendment?

The 2005 amendment granted equal rights of inheritance as that of a son to living daughters of living coparceners on or after 9 September 2005. Hence, the rights granted to daughters under the 2005 amendment would be applicable to living daughters of living coparceners as on 9 September 2005, irrespective of when such daughters are born.

Can a daughter be a manager of her father’s Hindu Undivided Family?

After the amendment, every daughter regardless of her marital status is considered a member of her father’s Hindu Undivided Family who can be appointed as manager (Karta) of the same.