Menu
keyboard_backspace

Get Expert Advice Online
from Top Lawyers
in India

Read Blogs to get more Insights

Daughter's claim on father's property When she can...

Young spouses with minimal education or earning capacity are destined to be harassed by the husband as well as the husband’s family. To exacerbate matters, one’s parents may not be very keen on providing support to their child besides the siblings may not be too keen on sharing the ancestral property.In such a situation what would one do is the moot point. Financial dependence, whether on the father, brothers or husband, has been the root cause of women being subservient historically. It was with the notion of creating a level playing field that fueled the Hindu Succession Act 1956 amended in 2005, permitting the daughter’s equal share in ancestral property. Notwithstanding the Succession Act 1956, the real question is whether one’s father can deprive his son or daughter of their rightful claim in the property or not.  If the property is ancestral According to Hindu law, there are two types of property; ancestral and self-acquired. By definition, ancestral property is essentially four generations of an inherited undivided property with male heredity. Descendants, regardless of a daughter or son, has the birthright to an equal share in the property. Prior to 2005, only sons rather than daughters were claimants of shares in ancestral property. Therefore, legally, a father cannot will ancestral property to whomsoever he desires, or in other words, a daughter cannot be deprived of her share in the ancestral properties. If father self-acquired property In the case of self-acquired property, for example, where a father may have purchased a plot of land or house with the money he has earned, a daughter’s position becomes weaker. The father, in a situation like this, would have the right to gift the property or will the property to whomsoever he wants, and a daughter would be constrained to contest her father’s decision.   Death of the father intestate If the father leaves no will and dies intestate, all legal heirs have an equal right to the property. The heirs of a male according to The Hindu Succession Act are categorized into four classes and the inheritable property can be claimed by Class I heirs including the widow, daughters, and sons, apart from anyone else. All heirs are claimants to a portion of the property, which essentially means being a daughter one would have the right to a share in the property of one’s father.For married daughters Prior to 2005, the Hindu Succession Act regarded daughters simply as members and not coparceners of the Hindu Undivided Family (HUF). Coparceners are the descendants of common lineage, with four generations, in the beginning, with a birthright to property that may be ancestral or self-acquired. Nonetheless, married daughters aren’t regarded as a member of the HUF. After the amendment in 2005, daughters have got the recognition of a coparcener and the fact that she may be married does not alter her claim over the property of her father. The daughter was born or father’s death was before 2005 It hardly matters whether the birth of the daughter was prior to or after 9 September 2005, when the Act’s amendment was instituted. Both the son and the daughter would have equal rights to the property of the father regardless of whether the property is ancestral or self-acquired or the birth date of the daughter. Conversely, if the father is alive as of 9 September 2005 then the daughter would be facilitated staking a claim over his property. If the father died prior to 2005, she would not have any right whatsoever on the ancestral property, and self-acquired property would be partitioned according to the will of the father.  Call 7604047601 for a consultation with registered expert property lawyers on Vidhikarya.

Posted By

Avik Chakravorty

17 hours ago

Go to Blog

Uniform code needed for Adoption Laws in India

If one is compassionate enough to adopt a child one must be fearless. In other words, fear of adoption cannot be a hindrance to actually going ahead and adopting a child.The Hindu religion believes that a biological offspring alone is the legitimate natural child and the second child is the adopted child which is deemed wrong. Besides, the myth that prevails in society is that people are inclined to believe that a boy is preferred more than a girl. CHANGES OF ADOPTION IN 19TH CENTURYIn the 1950s, there were agencies easing the adoption process as at the time child adoption was a long drawn and arduous process taking anywhere between 3 and 5 years. Children were discriminated against because of the color of their skin. Subsequently, all of these things altered as many white parents began adopting black kids and gradually the adoption process accelerated.CHILD ADOPTION LAWS IN INDIAHindu Adoption and Maintenance Act, 1956 is for Hindu, Jain, Sikh, Buddhist communities and parents of these communities are eligible for legal adoption of a child with sweeping rights granted to the children to inherit the property. The one and the only drawback is that the sex of an adopted child cannot be the same as that of the biological child. There have been tremendous improvements in the adoption laws but lack of uniform code has resulted in many childless couples not being able to adopt a child. If these couples were to be permitted to adopt a child then it's unimaginable the number of children that would have a window to a better life including a bright future without any gender bias in the adoption of a child. Parenthood is essentially about love, not so much about DNA.Call 7604047601 for a consultation with registered expert adoption lawyers on Vidhikarya.

Posted By

Avik Chakravorty

1 day ago

Go to Blog

{{ item.userName }}

{{ item.review }}

{{ item.createdOn }}

DIVYAKANT PANDYA

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: LAWYER

Location

: Gujarat, Surat

State Bar Council

: Gujarat

Reviews & Ratings(View Reviews)

Hello, this is advocate Divyakant Pandya, practicing in Business Law, Commercial Law, Labor Law, Consumer Law, MACP Matter.

Professional Summary

PRACTICING IN FOLLOWING AREAS:

BUSINESS LAW

CIVIL LAW

MACP

COMMERCIAL LAW

CONTRACT

COMPANY COMPLIANCES

CONSUMER PROTECTION

RERA

FAMILY MATTERS

NEGOTIABLE INSTRUMENT ACT - 138 ( CHEQUE DISHONOR MATTER)


Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Corporate and Incorporation 4 years 0 BUSINESS LAW, COMPLIANCE, BUSINESS DISPUTES, ALL TYPES OF WORK RELATED TO COMPANY

Secondary Expertise

Expertise In

Corporate and Incorporation

Experience 4 years

Number of Cases 0

BUSINESS LAW, COMPLIANCE, BUSINESS DISPUTES, ALL TYPES OF WORK RELATED TO COMPANY

Educations

LL.B

VNSGU

Other Info

No. of juniors with me

-1

Size of my team

-1

No. of intern work per year

-1
Client Testimonials

Top Responding Lawyers

Experience: 33 Year(s)
Retired Judge
Bangalore
Experience: 9 Year(s)
Lawyer and legal associate
Nagpur
Experience: 2 Year(s)
As a advocate
Aurangabad
Experience: 1 Year(s)
Advocate
Kolkata
Experience: 22 Year(s)
Advocate
Bhubaneswar
Experience: 9 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
Experience: 15 Year(s)
Advocate High Court
Kolkata
Experience: 11 Year(s)
Attorney
South Delhi
Experience: 5 Year(s)
Lawyer
New Delhi
Experience: 19 Year(s)
Advocate
Bangalore
Experience: 14 Year(s)
Advocate and Legal Counsel
Kolkata
Experience: 15 Year(s)
Advocate
Panipat
Experience: 3 Year(s)
Criminal Lawyer
Faridabad
Experience: 20 Year(s)
Dr
New Delhi
Experience: 12 Year(s)
Advocate
Thane
Experience: 38 Year(s)
SENIOR LAWYER
Jabalpur
Experience: 18 Year(s)
Advocate / Trial Advocate
Tirunelveli
Experience: 4 Year(s)
Advocate
Faridabad
Experience: 17 Year(s)
Lawyer,Attorney,Solicitor
Kanpur
Experience: 17 Year(s)
Advocate
Patna
Experience: 18 Year(s)
Advocate
Chennai
Experience: 17 Year(s)
Advocate
Thiruvananthapuram
Experience: 2 Year(s)
Advocate
New Delhi
Experience: 3 Year(s)
Lawyer
Mumbai
Experience: 15 Year(s)
Advocate High Court
Allahabad
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us