Session act 1956 daughters property authority

5 years ago

I am 21 years old girl my name is kalpana i want my rights against my fathers property as per session act 1956 daughters can get rights without getting married or not

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Prabhakara S K Shetty

Responded 5 years ago

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A.I will again clarify, What I referred above is when it is ancestral property. If it is your father`s self acquired property then he can dispose off it during his life time, or will it away as he pleases, otherwise it will openb up under Indian succession Act and you will get a right. In summary there is no way you get it immediately.

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Prabhakara S K Shetty

Responded 5 years ago

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A.absolutely no right over your mother`s property. But till your 18th year you have right of maintenance over your father. Your right to father arises only during a partition, but your cannot open up a partition by yourself. Means you have to wait for a partition to take place. Some High Courts have given different views. It is a very complicated topic right now.

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Prabhakara S K Shetty

Responded 5 years ago

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A.Even if that property were ancestral you will not be able to force a partition

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Kalpana Jain

Replied 5 years ago

From my mother property can i get my rights ?mother and father and for my maintaince what i hav to do

Ashish K Dongre

Responded 5 years ago

A.Assuming your father is alive and the property is self acquired then you don't have any rights over his property.

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Ravi Bhushan Pd Sinha

Responded 5 years ago

A.If your father is alive and the property is self acquired property of your father then you cannot make any claim over the property, as you have no legal right.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.whether your father property is ancestral or self earned? if that property were ancestral then you are legal heir by birth but if that property were self earned then it depends on the will of your father.

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Ambrose Leo

Responded 5 years ago

A.Yes. You are entitled to the property under the act also in confirmity with the SC Land mark judgement, provided you filfill all the conditions laid down under the act to the property of your father.

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ROBERT D ROZARIO

Responded 5 years ago

A.Facts not clear. you did not mention whether your father is alive or deceased. If deceased is there a Will?

As per the Supreme Court landmark judgement, daughters, married or not, have equal rights and liabilities in the ancestral property. However this rule is not applicable where the property is a self-earned property of your father. He is absolute owner of his own property and can give to anyone he desire either by gift deed or Will. Neither a male heir nor the female heir have any right over the self earned property of his father during his lifetime. Your right to claim over your father's self-earned property arises only after his demise wherein he died intestate. Where a male hindu dies intestate, his property will devolve upon his Class One heir i.e. your mother, brothers and sisters.........

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Kalpana Jain

Replied 5 years ago

He is alive totally we dont stay together due to some issues

ROBERT D ROZARIO

Replied 5 years ago

File a maintenance case u/s 125 CrPC. Father is liable to provide maintenance till you get married. You can contact me through Vidhikarya for discussion. Certain facts needs to be evaluated for a better prospective. Did he remarried? what are his property? who is taking care of him? etc....

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