Eligibility for share in parental property
Querist :
Anonymous
(Querist) 05 January 2012
This query is : Resolved
Dear, learned layers, i want to know that in what all cases/circumstances under law women are not eligible for their share in parental property i mean in what cases they will be considerd as not eligible for claiming their share in eyes of court under law, kindly mention the relavant section or case study (landmark cases) in this regard). besides will, by parents in favor of brother, what make sister not eligible for claiming their share in self acquired parental property.
ajay sethi
(Expert) 05 January 2012
by parental property do you mean self acquired property of parents ?
if it is self acquired property parents can bequeath to any of their children by will . not necessary to give daughter a share
Raj Kumar Makkad
(Expert) 05 January 2012
When a Hindu male dies intestate his property devolves around his legal heirs. Section 10 of the Hindu Succession Act, 1956 gives in detail the list of Class I heirs who are go be given first preference while dividing the property of the deceased. Rule 1 of this Section provides for a share of property for the widow of the deceased. Rule 2 of this Section provides for a share each for the surviving sons and daughters and the mother of the deceased.
A male Hindu can manage his property during his life time qua his self acquired property either by way of will, mortgage, lien, sale, release, relinquish etc. which can deprive his daughter to claim any share therein.
Deepak Nair
(Expert) 06 January 2012
Under hindu law, both male and female have equal right on the ancestral property.
But if the property is self acquired, then neither son, daughter or wife can claim right on that property. The owner can dispose off the property ar transfer to anybody as per his wish.
prabhakar singh
(Expert) 06 January 2012
If you have some facts not to speak?????????
There may be infinite circumstances tilting this and that way.
