Divorce and Property Settlement
3 years ago
I have a friend named rithika. She has applied for devorce and she was planning to ask property on her daughter's name(7 years) who is a minor, but her husband property is not registered on his name and he is planning to get married for the 2nd time.
If she got the devorce and her daughter reached major age, will her daughter has right to ask property.
If he has kids at that time what should she do?
A.Hi,
The daughter has a legal right of claiming the property owned by her father after he passes.
Supreme Court ruled that daughters have equal rights in their father's property. In its decision, the Supreme Court clarified two points: coparcenary rights are acquired by daughters on their birth.
Therefore she can claim her right as a successor.
If you like my answer, please give a good review.
The daughter has a legal right of claiming the property owned by her father after he passes.
Supreme Court ruled that daughters have equal rights in their father's property. In its decision, the Supreme Court clarified two points: coparcenary rights are acquired by daughters on their birth.
Therefore she can claim her right as a successor.
If you like my answer, please give a good review.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Supreme Court rules that daughters have equal rights in their father's property. In its decision, the Supreme Court clarified two points: coparcenary rights are acquired by daughters on their birth.
Even if your friend seeks divorce, the husband will not cease to be her daughter's father. Therefore, your daughter can claim the property.
If you like my answer, please give a good review.
Supreme Court rules that daughters have equal rights in their father's property. In its decision, the Supreme Court clarified two points: coparcenary rights are acquired by daughters on their birth.
Even if your friend seeks divorce, the husband will not cease to be her daughter's father. Therefore, your daughter can claim the property.
If you like my answer, please give a good review.
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Sidhaarth
Responded 3 years ago
A.No. Daughter has no right to ask for share in self acquired properties of her father nor wife has right to claim property of her husband. If father or mother dies intestate I e. Without WILL etc then she will be entitled to equal share with other legal heirs of father or mother . wife and daughters are only entitled to claim maintenance. After divorce husband is free to remarry.
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