When do daughters not get the right on father’s property?


There are different laws regarding the division of property in India. Due to lack of information and non-distribution, it always remains a subject of controversy.

There is a lack of information among many people regarding the provisions related to the rights of daughters on father’s property. Especially women have less knowledge about it. Many women believe that they have nothing to do with this property. Apart from this, due to various social traditions, daughters are deprived of their rights in the father’s property.

At present, there is a clear law in India regarding how much right daughters have in property and when daughters do not get a share in father’s property. There is no confusion anywhere. Here we will tell you about the legal provisions related to the rights of daughters on father’s property.

What does the law say:

By amending the Hindu Succession Act, 1956 in the year 2005, daughters have been given the legal right to get an equal share in the ancestral property. This law was made in 1956 for the provisions of claim and rights on property. According to this, the daughter has the same right on the father’s property as the son. Strengthening the rights of daughters, this 2005 amendment to the succession law put an end to any doubt about the rights of the daughter on the father’s property.

When daughter cannot claim father’s property,

The daughter’s side is weak in the case of self-acquired property. If the father has bought land, built or bought a house with his own money, then he can give this property to whomever he wants. It is the legal right of the father to give self-acquired property to anyone of his own free will. That is, if the father refuses to give the daughter a share in his own property, then the daughter cannot do anything.

What does the law say when a daughter gets married?

Prior to 2005, in the Hindu Succession Act, daughters were only considered members of the Hindu Undivided Family (HUF), not coparceners i.e. equal heirs. Hamwari or coparcenary are those who have rights over the undivided properties of the four generations before them.

However, once the daughter is married, she is not even considered a part of the Hindu Undivided Family (HUF). After the amendment of 2005, the daughter has been considered as coparcener. Now the daughter’s marriage does not change her rights on the father’s property. That is, even after marriage, the daughter has the right over the father’s property.

Can go to court if property is not received

Daughter can go to court for rights in father’s property. For this he has to file a case in the civil court. If the claim is true then the daughter will get the right in the father’s property.

Daughters cannot get right on father’s property if the following conditions are there:

Under the Hindu Property Bill (Hindu Marriage Act): Under the Hindu Property Bill, the daughter has no right over the father’s property if the father is alive. The ownership of the property remains with the father and after his death the property is distributed among other members of his lineage like mother, brother, sister etc.
If the property is under encumbrance: If the property is charged with encumbrance, such as under an action for a crime, the daughter may not get the right over the father’s property. In this situation, if the court or the concerned authority justifies it, the property can be merged and the daughter has no right over it.
If the father has transferred the property as a gift: If the father has transferred his property as a gift and handed over the same to a bank, organization or other person for personal or business purposes, the daughter will be entitled to the same. father’s property. There is no right on the property.
If you have a contentious situation, you should consult a legal advisor who can provide you with specific information and advice in relation to the disputes.

(pc rights of employees)

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