can daughter claim equal share in father property in Jamnagar
PO Asked by Pooja Agarwal 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 Gujarat High Court has upheld that daughters cannot be excluded from ancestral property, and any attempt to deny their share is legally untenable. Gujarat Rent Control Act 1999 may have specific provisions regarding partition procedures or documentation requirements in Gujarat.
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 Jamnagar if the family is unable to reach an amicable settlement.
Revenue records and mutation entries must be obtained to support the claim.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.