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The daughter of a predeceased daughter being a Class I legal heir, as per the schedule in Section 8 of the Hindu Succession Act 1956, has the same share in the property of her maternal grandfather which her mother would have got in case she would have been alive.
How do I file a case for property sharing?
If your share has been sold from the ancestral property or undivided ancestral property without taking your prior consent, you can claim it through legal action. If the ancestral property is divided, you can file a title suit against the registry of the deed by virtue of which your share was sold out.
Can a daughter claim her father’s property against a will?
If it is a self acquired property by your father, then a daughter cannot claim her share from the property against the will. However, if it is a property that has devolved upon Father from his ancestors then a daughter has equal share in it as a son has.
Can a daughter challenge a father’s will?
However, if the will is about the self- acquired property of the father then, the daughter cannot challenge that will. Before 2005, daughters cannot challenge the will if their father is testate or include, the whole ancestral or HUF property in the will.
When you die without making a will (intestate), your property becomes ancestral for your children. So, to answer your question, if it is your father’s self acquired property, you cannot ask a share against his will. If he has dies intestate it becomes ancestral property and you will have an equal share with your brother and mother.
What are the rights of a daughter in self-acquired property?
In the case of a self-acquired property, that is, where a father has bought a piece of land or house with his own money, a daughter is on weaker ground. The father, in this case, has the right to gift the property or will it to anyone he wants, and a daughter will not be able to raise an objection. 3. If father dies intestate