Right to property
2 months ago
Hello sir
The problem is that father is not willing to partition of his property, as this property is given by his father(grandfather) through will before the marriage of father. He is earning money from the property and not letting the wife and the son live in that house. Father is escaping from the responsibility of wife and son.
So, can son approach to court and ask for share, even when the father is not willing so what law and conditions.
A.Dear Client,
Inherited property through wills and gifts is not considered ancestral, and claiming a share in such property is not an inherent right. The Hindu Succession Act of 1956 allows Hindus to dispose of their property through a will. If your grandfather bequeaths property to your father through a will, you do not have an automatic entitlement to a share in that property. In this situation, if facing issues, your mother can approach the Magistrate's court under Section 12 of the Domestic Violence Act, 2005. She can seek a shared residence order under Section 19 and monetary relief under Section 20 of the Act. Seeking guidance from an advocate is recommended for proper assistance and steps in such matters.
Inherited property through wills and gifts is not considered ancestral, and claiming a share in such property is not an inherent right. The Hindu Succession Act of 1956 allows Hindus to dispose of their property through a will. If your grandfather bequeaths property to your father through a will, you do not have an automatic entitlement to a share in that property. In this situation, if facing issues, your mother can approach the Magistrate's court under Section 12 of the Domestic Violence Act, 2005. She can seek a shared residence order under Section 19 and monetary relief under Section 20 of the Act. Seeking guidance from an advocate is recommended for proper assistance and steps in such matters.
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A.Dear Client,
Property inherited by will and gift are not ancestral properties and a share in that property cannot be claimed as a matter of right. As per the Hindu Succession Act, 1956, any Hindu may dispose of by will or other testamentary disposition any property, which is capable so disposed of by him, under any law for the time being in force and applicable to Hindus. When a property is bequeathed by your grandfather in favour of your father through a Will, you cannot claim a share in the said property. In the given situation, your mother can apply to the court of Magistrate under Sec.12 of the Domestic Violence Act, 2005 seeking order of shared residence under Sec.19 of the Act and monetary relief under Sec.20 of the Act. Reach out to an Advocate for guidance and steps.
Property inherited by will and gift are not ancestral properties and a share in that property cannot be claimed as a matter of right. As per the Hindu Succession Act, 1956, any Hindu may dispose of by will or other testamentary disposition any property, which is capable so disposed of by him, under any law for the time being in force and applicable to Hindus. When a property is bequeathed by your grandfather in favour of your father through a Will, you cannot claim a share in the said property. In the given situation, your mother can apply to the court of Magistrate under Sec.12 of the Domestic Violence Act, 2005 seeking order of shared residence under Sec.19 of the Act and monetary relief under Sec.20 of the Act. Reach out to an Advocate for guidance and steps.
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