Rights of married daughter during existence of karta (father)


I am an Advocate and I am in my initial days of practice. I want to assist my client who is governed under Hindi Law. My query is what are the rights of married daughter in her matrimonial property during existence of Karta i.e. her father. My client is widow having two issues both are minor. Half of her matrimonial property is ancestral and half is earned by her father and he is alive. She is having elder brother but father and her brother do not wish to give anything as her marriage was love marriage. What are the possible solution as she cannot live on her own.
 
Reply   
 
Advocate

She has the right of maintenance only and has no right in the property.

 
Reply   
 


FIN

She has equal share in ancestral property of father.

She has NO forced share in self acquired property of father.

 

 
Reply   
 

It would be great help sir, if I know the provision. 

 
Reply   
 
Consultant

If its an HUF i.e. Coparcenary property then your client (widow) can claim her share, as per HSA (amendment) Act 2005. And if its an ancestral property, your Client can't be consider as legal heir till her father is alive to claim any share.
 
Reply   
 
Advocate

Please consult Hindu succession act, amendment carried in 2005 September and then Supreme Court judgement on the subject passed in 2015.
 
Reply   
 

Thank you Sir. @ Sidharth Srivastav Sir, I think you referring me to the case of Prakash Vs. Phulvati dt. 16.10.2015 Supreme Court. Thank you for the great help sir. 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu

web analytics