My friend’s father died last month and that’s when she asked her lawyer about the supreme court order on daughters' right on father's property. This is what the lawyer told her:
The Supreme Court of India has ruled that it doesn’t matter whether the father was alive or not in 2005 when the Hindu Succession Act 1956 was amended to ensure daughters get equal rights in the property of their father. A Hindu woman has the right to be a joint legal heir or coparcener in the same way a Hindu man does.
So, if your father dies intestate, his property will be equally divided among every legal heir. The court also said that the daughters can’t be deprived of their right of equality conferred on them by Sec. 6.
How a Daughter Can Claim Father's PropertyIn case there is no will, the legal heirs will have to obtain a succession certificate first. After that, you will have to submit an application to the civil court. The court will then give notice to the legal heirs and an advertisement will be published in the newspaper. Next, the court will then wait for 4-6 weeks to see if someone has objections to the inheritance. Finally, a succession order certificate will be passed by the court. After that, you will have to offer judicial stamp paper to the court. The State laws in which the property is located determine the court fees and stamp duty.
This is all on the daughter claim father's property!
Read more:
Can daughter-in-law claim father in-law property?
Can daughter claim father’s property after marriage?
Can daughter claim father’s property when father is alive?
Now that you know about the supreme court order on daughters' right on father's property, you will be able to make a right decision.
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Authors Of The Question
How a daughter can claim father's property?
Sunita
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2 Year
2021-12-22T17:46:05+00:00 2021-12-24T16:29:31+00:00Comment
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