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Married Daughter Right in Father’s Self Acquired Property
Question
Father’s Property Type- Self Acquired
Father Death -1967
Sons – 2
Daughter 1(Married in 1970, not widow living with husband)
No Will, No HUF,No Joint Family.
Can Daughter claim any share in Property?
If Property has been acquired by Government then any share to daughter in Compensation Amount as per Land Acquisition Act?
Answer ( 1 )
As per the amendment brought in 2005, a married daughter has equal right over the properties held by the father. If there is no Will or Gift etc, then in that case even if the father is not alive on the date of the amendment, the daughter is treated as a coparcener and co-sharer in the entire assets of the father after his demise. however it has been recently clarified by the Supreme Court in one of its judgments that the daughter born before 9 September 2005 can only claim her rights with effect from the date of the amendment, and any transaction relating to the property before 20 December 2004,cannot be disturbed.