Ancestral property
1 month ago
Daughter rights, when father become mentally unstable before division (Rae Bareli, Uttar Pradesh)
Physical disability cannot deprive a person from his/her birth right to an ancestral property. An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. After the amendment of the Hindu Succession Act in 2005, daughters regardless of their marital status given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. All persons who are medically incapacitated should not be inevitably considered to be legally incapacitated as well. Rights-based legislation, such as the Rights of Persons with Disabilities Act, 2016 (‘RPWD Act’) and the Mental Healthcare Act, 1987 (‘MHA 1987’) have been passed to protect the rights and interest of the persons with physical and mental disabilities. Even though they could inherit and hold property, they could not enter into contracts of sale, lease, and mortgage or will away their property. The right to alienate and the right to will away property were exercised by their guardians, even when Person with Mental Illness(PMIs) had ownership rights over the property. So, once a person is legally incapacitated, the next step is to appoint a guardian to make decisions on his behalf. As per Section 15 of the RPWD Act, a court should consider the best interests of the PMI while appointing a guardian. However, there are still some gaps in substantive and procedural law pertaining to the property rights of Person with Mental Illness(PMIs).
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