can daughter claim equal share in father property in Kharagpur
PA Asked by Parul Banerjee 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 Calcutta High Court has upheld that daughters cannot be excluded from ancestral property, and any attempt to deny their share is legally untenable. West Bengal Premises Tenancy Act 1997 may have specific provisions regarding partition procedures or documentation requirements in West Bengal.
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 Kharagpur 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.