can daughter claim equal share in father property in Aizawl
AR Asked by Arjun Nair from India
Quick Answer
Yes, a daughter can claim an equal share in ancestral property as a coparcener under the Hindu Succession (Amendment) Act, 2005, which gave daughters the same rights as sons by birth.
Detailed Legal Analysis
Yes, a daughter can claim an equal share in ancestral property as a coparcener under the Hindu Succession (Amendment) Act, 2005, which gave daughters the same rights as sons by birth. The Supreme Court in 2020 clarified that the 2005 amendment has retrospective application, and daughters born before the amendment also have coparcenary rights.
The Gauhati High Court has upheld that daughters cannot be excluded from ancestral property, and any attempt to deny their share is legally untenable. Mizoram Rent Control Act 2014 may have specific provisions regarding partition procedures or documentation requirements in Mizoram.
However, if the property is self-acquired by the father, he can dispose of it by will, and the daughter has no automatic right during his lifetime. File a partition suit in the civil court in Aizawl if the family is unable to reach an amicable settlement.
Revenue records and mutation entries must be obtained to support the claim.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.