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Children’s Entitlement in Father’s Property

Introduction?As coparceners sons and daughters have numerous birthrights as well as the right to survivorship in the ancestral property. Owing to the Right to Survivorship if a coparcener passes away the property is partitioned amongst the other surviving coparceners. The coparceners jointly own the property and if any of the coparceners want that the property is partitioned their claim is validated once a partition suit is filed.Separate property can be acquired by a coparcener and simultaneously they have the right of alienation of his/her share in the ancestral property as well as self-acquired property to a third-party. Father’s gifting of property to his son won’t be regarded as ancestral property rather it would be viewed as gifting of self-acquired property. The son, in turn, may alienate his share to a third-party.Can a father gift a property to his son?In one of the landmark Supreme Court cases, it was upheld that the father’s gifting of property to his son is not to be viewed as gifting of the ancestral property since the son got the property from his father as a gift. The ruling of the court was that the grandfather's property is viewed as ancestral property vested in the father. There are two preconditions for the vesting of ancestral property to the father. One is through inheritance whereby the father can stake a claim or inherits ancestral property once the father dies or receives it by way of partition initiated by none other than the grandfather himself while he was alive. Nonetheless, if the father inherits the property as a gift from the grandfather then it's not to be regarded as ancestral property. Sons and daughters don’t have any claim on property gifted by grandfatherAncestral property cannot be gifted by the father to his son as in the son’s case the property is not an inheritance on the grandfather’s death nor is the property partitioned by the grandfather while he was alive that the grandson could stake a claim. The grandson absolutely hasn’t got any legal right on the ancestral property as his grandfather opted to will the property to his son rather than any other person. Therefore, the son’s extent of interest on the property is related to and dependent on the grantor’s will and hence, in case of property gifted by father to his son, the grandsons have no legal entitlement to stake a claim on a property that is not ancestral property at all. The father’s alienation of property gifted by his father or his son’s grandfather to anyone he wishes has legal validation or is permissible under the law. These types of properties are essentially self-acquired properties unless there is any explicit intention in the grandfather’s gift deed during the gifting of the property to his male offspring. Property rights of sons and daughters can only be established on properties devolving upon their father and are viewed as ancestral property from the father’s perspective. Click here to connect to Vidhikarya’s registered expert property lawyers for further legal advice in this regard. 

Posted By

Avik Chakravorty

17 hours ago

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Domestic Violence and Abuse

Are domestic violence and abuse one and the same?Contrary to popular belief domestic abuse and violence aren’t one and the same. Any attempts by a person intimately involved in a marital relationship or any other type of intimate bonding at overpowering the other are known as domestic abuse. Both the purposes of domestic violence and abuse are the same and that is gaining and maintaining complete control over one’s partner. Playing fair is unheard of by an abuser. An abuser would rather resort to instilling feelings of guilt, shame, and intimidation, in particular, to dislodge one’s partner and do whatever it takes to ensure that the partner feels subjugated.  Both domestic violence and abuse may occur to anyone indiscriminately. Abuse occurs as much in heterosexual relationships as it does in same-sex marriages regardless of age group, ethnicity, and economic background. While women are more often than not victimized, men too are abused verbally and emotionally. The crux of the matter is that abusive manners are not acceptable for anyone without exceptions. One deserves to be valued, honored, and feel safe and secure.Domestic abuse could be potentially escalating to outright violence from what starts as mere threats and verbal slur. Although the danger of physical injury owing to domestic violence looms and lurks as the obvious danger, the consequences of emotional and psychological abuse are the starkest. Emotional abuse for one’s self-worth can be destructive, lead to or cause anxiety and depression, and make one helpless and lonely. Not even one’s enemy should undergo similar pain. One’s first step is to break the shackles of an abusive and possibly violent relationship as one should not have to endure the excruciating pain of such a relationship. A step in the right direction in such situations is not to be in a state of denial that one is indeed in an abusive relationship. Signs of an abusive relationshipThere are various pointers of an abusive relationship, and the most telling one is fear of one’s partner. If one feels as though one has to walk on eggshells; whatever one says or does is under the scanner to avoid a blow-up—chances are one’s relationship is abusive and unhealthy. Included among other signs are a partner belittling or controlling the other partner and the other partner driven to the point of self-loathing, helplessness, and desperation.Emotional abuse: It’s a bigger problem than you thinkPhysical violence is not a part and parcel of an abusive relationship at all times.  Simply because one isn’t bruised and battered doesn’t necessarily mean one is not in an abusive relationship. Men and women alike suffer from emotional abuse, which is as destructive as physical abuse. Unfortunately, emotional abuse is often underrated or overlooked even by the victim.The intent of emotional abuse is to chip away at one’s feelings of independence and self-worth leaving one feeling defeated or have that defeatist mentality of succumbing to one’s abusive partner as there is no light at the end of the tunnel.  Abusive behavior is a choiceNotwithstanding what the beliefs of many people are, domestic violence and abuse do not occur because of an abuser losing control over their normal behavior. As a matter of fact, abusive and violent behavior is a choice made on purpose for gaining control. A variety of tactics are used by perpetrators for exerting their power and manipulating their victims.Click here to connect to Vidhikarya’s registered expert divorce lawyers for further legal advice in this regard. 

Posted By

Avik Chakravorty

3 days ago

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Taran Dwivedi

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