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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

5 days ago

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Entitlement of The Easement for Homebuyers

The right of easement is a well-established right since time immemorial. An easement is essentially an entitlement to a certain land that the owner or occupier possesses and thereby derives benefit from the piece of land to either do and keep on doing something or to hold back and continue to hold back someone from doing something on another piece of land that may not be one’s own. In legal terms, the right to the beneficial enjoyment of the land is known as the dominant heritage and the owner or whoever is the occupier is the dominant owner. The imposition of liability on the land is known as the servant heritage, and the owner or occupier is known as the servient owner.The term easement according to The Indian Easements Act, 1882 is an entitlement that is in possession of the owner or occupier of land possesses to derive benefit and enjoy the land by doing and continue doing something or obstruct someone from doing something on a piece of another land. It's relevant mentioning that the expert civil lawyers in India believe that an entitlement that cannot be denied by interfering physically while deriving benefit acquiring it as an easement may not be possible. Due to the unique nature of easement rights comparable with customary rights its often confusing. Noting that It is vital to note that there is a vast difference between customary rights and easement rights. A customary right is a right in gross whereas an easement is related to a tenement. These rights are claimed specific to a locality and looking out for their origin is wholly unnecessary. Private easement, however, can be claimed by well-defined persons and arises from an expressed or implied grant from the prospective user.Click here to get in touch with registered expert property lawyers on Vidhilarya.

Posted By

Avik Chakravorty

2 weeks ago

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Dharmendra Damani

Partner, Damani & Damani
Exp
Mumbai suburban , Maharashtra

Specialization

  • Property
  • Financial Markets And Services
  • Landlord And Tenant
  • Power Of Attorney
  • Sale Of Goods
Expertise with over 40 years of experience in all kinds of Property, Financial & Family dispute matters. Handling several matters across Supreme Court of India, Bombay High Court, Debt Recovery tribunals, City Civil Court, Session Court, Small Causes Court, Consumer forum, Metropolitan Magistrate's View Full Profile
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Adrian Phillips

Partner
Exp
Mumbai City , Maharashtra

Specialization

  • Property
  • Real Estate
  • Human Rights
  • Sexual Harassment At Workplace
  • Trust And Society (NGO)
An Advocate for 19 years. Worked in the Areas of Criminal and Civil Law as well as in Advocacy. Been on National Drafting Committees and have appeared in the Supreme Court and High Courts in 9 States. Still continue to appear in trial courts across the country. No case is too small or too big. View Full Profile
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Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Property
  • Civil
  • Criminal
  • Divorce
  • Cheque Bounce
18 Years of Legal Practice - Expert in Civil, Criminal, Family and all other types of Court cases Handling matters in Bombay High Court and all other Courts in Mumbai - Thane - Navi Mumbai - Pune View Full Profile
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SEEMA HUNNURKAR

Lawyer
Exp
Mumbai City , Maharashtra

Specialization

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Sarvesh Giri

PROPRIETOR
Exp
Mumbai City , Maharashtra

Specialization

  • Property
  • Advertising
  • Arbitration and Mediation
  • Cheque Bounce
  • Commercial
Arbitration - Reconciliation Arbitration - Others Arbitration - Mediation Arbitration - International Commercial Arbitration Banking - Loans Commercial - Franchising Commercial - Contract Commercial - Sale of Goods Commercial - Partnership Commercial - Others Commercial - Monopolies and Restrictive View Full Profile
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Ramgopal Aiyer

Managing Partner
Exp
Mumbai , Maharashtra

Specialization

  • Property
  • Criminal
  • Cheque Bounce
  • Banking
  • Commercial
Managing Partner of Kaleeyantey Law Firm presently having offices in Mumbai and Navi Mumbai handling Litigation and Non Litigation matters on Civil side and Criminal side as well. View Full Profile
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Asha Bhuta

LAWYER, PROPRIETOR, PARTNER, MEDIATOR
Exp
Mumbai City , Maharashtra

Specialization

  • Property
  • Arbitration and Mediation
  • Banking
  • Divorce
  • Admiralty And Maritime
I AM AN ADVOCATE, ENROLLED WITH BOMBAY BAR ASSOCIATION SINCE 1993. I HAVE MY LAW FIRM BY THE NAME OF BHUTA & ASSOCIATES. I AND MY TEAM PRACTICE IN CIVIL LAW. WE SPECIALIZE IN PROPERTY, BANKING, CORPORATE, FAMILY AND MANY OTHER FIELDS OF LAW. INTEGRITY, SINCERETY AND DETERMINATION IS OUR MOTO. View Full Profile
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Shehbaaz Sayed

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Property
  • Criminal
  • Administrative Law
  • Adoption
  • Advertising
I am practicing in High Court and all other Courts in Maharashtra. View Full Profile
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Chinnmay S Shah

Partner
Exp
Mumbai City , Maharashtra

Specialization

  • Property
  • Torts
  • Trust And Society (NGO)
  • Commercial
  • Landlord And Tenant
A Qualified Lawyer and a registered Bar member of India, graduated with a B.Com in 2011, L.LB in 2014 thereafter completed The Graduate in Diploma Law from The University of Law, London(U.K.) in 2017 and is further been pursuing the QLTS route to register as a Solicitor of England and Wales. View Full Profile
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