Right to property of women governed by Dayabhaga school of Hindu Law

[Shreyasi Bhattacharya]

I am a married Hindu women.My father belonged to a joint Hindu family. He died before 2005 and after his death the property of the joint family was divided among the coparceners. Now we stay in West Bengal so our family is governed by Dayabhaga law. Hence can me, my sister and my brother get an equal share, or will my brother be only entitled to the property?

[Dr. Ashok Dhamija]

As far as my understanding goes, for Hindus who are government by the Dayabhaga school of law, the regular rules of succession under the Hindu Succession Act apply even in respect of ancestral property. The 2005 Amendment to Section 6 of the Hindu Succession Act was for those who were governed by the Mitakshara law, and not for those governed by the Dayabhaga law.

In your case, you should be in a position to claim equal share along with your sister and brother in the property of your father, in accordance with Section 8 of the Hindu Succession Act, if it is intestate succession.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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