can daughter claim equal share in father property in Kollam
AN Asked by Anjali Gupta 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 Kerala High Court has upheld that daughters cannot be excluded from ancestral property, and any attempt to deny their share is legally untenable. Kerala Rent Control Act 1963 may have specific provisions regarding partition procedures or documentation requirements in Kerala.
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 Kollam 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.