How is Property Divided under Family Law in India?


Posted On : October 26, 2021
How is Property Divided under Family Law in India?
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The subject property remained a key aspect of conflict for a long time. As a result, many amendments to its laws have been made over the years. Property law refers to the transfer of property from a father to his heirs. Before 2005, married daughters were deprived of the inherited property share, but now, the daughters have breathed sighs of relief. If you are from Bengaluru and your brothers are unwilling to share the inherited property with you, you can file a legal proceeding against your siblings with the assistance of property lawyers in Bangalore

 

Types of Properties and Their Division

There are two categories of properties according to Hindu Law. These are ancestral and self-acquired properties. 

 

Ancestral properties refer to the assets that have been inherited up to four male generations by the father. Regardless of their marital status, both sons and daughters are entitled to equal shares of ancestral properties. As a result, the father cannot write his will with bias and must follow the Property Law. If you are from the NCR and your father or brothers do not wish to share your father’s property with you, you can take help from the property lawyers in Delhi to take legal actions against them. 

Self-acquired properties refer to those assets that the father has purchased with his own money during his lifetime. These properties do not have any fixed transferring protocol, and the father is free to will these to anyone heir of his choice. If you belong to the City of Joy and have some queries about this type of property, you should consult property lawyers In Kolkata. Our advisors at Vidhikarya can also assist you in this category. 

If the father dies without writing any will, preference is given to widowed daughters for acquiring the left property. 

 

In some Indian households, even in this modern era, women are still tortured by their husbands, and they cannot break the marriage due to financial dependence on their spouses. Thus, the inclusion of daughters, married or unmarried, through the amendment in the Hindu Succession Act 1956, which Vidhikarya fully supports, helps such women greatly.

Written By:
Vidhikarya

Vidhikarya


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