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raj kumar ji (LAW STUDENT )     01 November 2011

Daughter can claim?

RESPECTED SIR ,
 MR.SAI WIFE IS SITA .IN SITA FAMILY HIS FATHER,MOTHER,AND ONE BROTHER .SITA FATHERS GOT THE PROPERTY FROM HIS FATHERS THIS IS AGRICULTURAL LAND .AFTER THE DEATH OF THE SITA FATHER THE AGRICULTURAL LAND IS TRANSFERED TO SITA BROTHER .NOW THE SITA BROTHER AND SITA BHABHI IS NOT TAKE CARE OF SITA MOTHER. NOW THE SITA CAN CLAIM
HER SHARE OR HER MOTHER CAN CLAIM FOR SHARE  ON THE AGRICULTURAL LAND .BECAUSE THE PROPERTY IS ANCESTRAL .CAN IT IS POSSIBLE .?



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 6 Replies

Rajeev Kumar (Lawyer/Advocate)     01 November 2011

Dear rajkumar ji, As per as the new amended Hindu law 2005 the daughter has equal right in the property and the wife can also claim for the the property after the death of her husband for equal share in the ancestral land of husband.So as per as my suggestion both sita and her mother can claim. My next suggestion is to file a case of main tenance from her son under section 125 of cr.pc or other section of Hindu law.

(Guest)

She can claim but I'm given to understand that in Himachal Pradesh there is possibly a law that if sons/daughters don't take care of their aging parents,then they forfeit all property claims. I was surprised to read a newspaper item[How correctly it was reported, I cannot vouch for] that some/many villages in U.P mantain a widower register. Eg. if there are five brothers then only one wife is allowed for five[of six...] just to get out of property messups.

 

HOWEVER, one thing is for sure, she can claim.

raj kumar ji (LAW STUDENT )     03 November 2011

nina ji its a realy news or its  law is also applicable in the rajasthan state also .but there is some conditions applicable


(Guest)

pls check up from Himachal Pradesh govt. and U.P Govt. I read both news items in newspapers.  No other states figured.


(Guest)

I just found a detailed link through google:

https://www.jatland.com/forums/archive/index.php/t-17368.html


(Guest)

One of the many links

https://www.india-today.com/itoday/19990816/offtrack.html

 


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