land dispute
2 years ago
About 40 years ago a man(father) distributed his land equally in his 3 son,s but kept one field(agriculture land) for himself and his wife for his living and it was dwelled by his younger son as both of them was living with him ( as it was tradition here to keep some land for himself and when parents died brother distribute it or it was already distributed by father so after death they take their share). father died in 1999 and mother in 2008. Now a situation arises is the daughter comes into party they also want share in land. now tell me is they are legible to that part which is given by their father at their will ( testamentary)
or to the only that part which is undivided and disputed.
if legible how ?
A.Dear Client,
Yes, the daughter can claim her right in the property as she is also considered as legal heir as per the judgement given by Supreme Court in Vineet Sharma vs. Rakesh Sharma & ors.
Thank You.
Yes, the daughter can claim her right in the property as she is also considered as legal heir as per the judgement given by Supreme Court in Vineet Sharma vs. Rakesh Sharma & ors.
Thank You.
Helpful
Helpful
Share
A.The Hindu Succession Amendment Act of 2005 gave the daughters right in the ancestral property of the fathers and till 2020 it was thought that this law was applicable only after 2005 but in the year 2020 the Supreme Court of India passed a landmark judgment making the law applicable retrospectively. That means even if the father died before 2005 the daughters will have the right in the property.
This was right fully decided in the case of Vineet Sharma v/s Rakesh Sharma and others.
So as per the law the daughter will have rights in all the property.
This was right fully decided in the case of Vineet Sharma v/s Rakesh Sharma and others.
So as per the law the daughter will have rights in all the property.
Helpful
Helpful
Share
Read Related Answers
Agriculture Land Purchased in Gujarat from Non-Farmer Seller
Dear Sir,
Please consult local advocate who is well acquainted with local laws particularly revenue laws otherwise you may be mislead.
Registered legal entity as nominee of chs flat Mumbai
Dear Sir,
Registered legal entity may be nominated but it cannot sell the property after the death of such title owner and it goes to the legal heirs of title owners unless the legal entity get Gift D...
Sc st land purchase by obc mp dist narmdapuram
Dear Client,
Section 42 of the SC, ST Act, 1989 prohibits the sale of SC land without approval. This law was enacted to protect the interests of the SC/ST tribe. However, you can acquire SC/ST land b...
Property share
Dear Sir,
Under the Muslim law, there are three classes of heirs
• SHARERS, they are entitled to a prescribed share of the inheritance. In case of a man’s property, his wife/wives are the sharers of...
Hiring of professionals as executor of a will
Dear Sir,
Yes, the payment to the executor starts only after the death of testator of the Will and not earlier to it.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location