Karthik
2 years ago
My name is Karthik. My mother is low caste and father is high caste. Parents decided that I study under low caste, Now only my name in all official documents is low caste and my parents in high caste. My doubt is if my father decides to give an asset as inheritance, would it be a problem? I mean legally.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.There will be no legal problem to inherit your father's assets by way of inheritance. As per your parent's decision you have opted low caste of your mother so your parents cannot deprive you.
In Tamil Nadu the State Government through recent Notification notified that the child of intercaste Wedlock can opt either father's caste or mother's caste on the basis of parent's consent,however,other children of such marital wedlock have to follow the same caste which that child follows.Not only several High Courts'of India (which includes Bombay High Court's Nagpur Bench,Kerala High Court etc) through their Judgments gave recognition to mother's caste as child's caste but the Hon'ble Supreme Court of India in Rohit Vemula matter gave opinion that a child need not always have to adopt his/her father's caste because if the situation demands otherwise then that Child can take mother's caste too.
In Tamil Nadu the State Government through recent Notification notified that the child of intercaste Wedlock can opt either father's caste or mother's caste on the basis of parent's consent,however,other children of such marital wedlock have to follow the same caste which that child follows.Not only several High Courts'of India (which includes Bombay High Court's Nagpur Bench,Kerala High Court etc) through their Judgments gave recognition to mother's caste as child's caste but the Hon'ble Supreme Court of India in Rohit Vemula matter gave opinion that a child need not always have to adopt his/her father's caste because if the situation demands otherwise then that Child can take mother's caste too.
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A.Hi,
Legal inheritance is dependent on the relation between both parties. If you have sufficient proof of your relation with your father then you are his legal heir. Although a Will is not mandatory but it is recommended to have a Will.
If you find this helpful then please rate my answer. Thank you
Legal inheritance is dependent on the relation between both parties. If you have sufficient proof of your relation with your father then you are his legal heir. Although a Will is not mandatory but it is recommended to have a Will.
If you find this helpful then please rate my answer. Thank you
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hey,
Transfer of property though inheritance is not related to your caste but is dependent on the relation between the transferor and transferee. You are the legal heir to your parents property and even your father can have registered Will stating your rights in the property.
If you find my answer useful, please rate my answer. Thank you
Transfer of property though inheritance is not related to your caste but is dependent on the relation between the transferor and transferee. You are the legal heir to your parents property and even your father can have registered Will stating your rights in the property.
If you find my answer useful, please rate my answer. Thank you
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Jaati father se nirdaharit hoti hai. Na ki mother se. Yadi aap apni cast ko hide karoge. Iska nukshan aap ke future par hoga.
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Sidhaarth
Responded 2 years ago
A.Your caste would be decided by the caste of your father only. Supreme court has also laid this principle and such people cannot take benefit of reservation. It is not the sweet will of your parent to decide. As such there is no problem if your father given his asset to you. Your father is otherwise free to give his properties to any person of his choice.
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