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(Guest)

Daughter's right in father's self acquired property

I am heading for a divorce but my husband does not own a property. Therefore, in order to get a house to live I wish to claim in my father's self acquired property. Though my father has already transferred the house in my brother's name few years ago, can I still claim in his property? As per the modern law if a married daughter does  not have a house to live in she can claim in her father's property. My situation is even worse because I do own a house from either sides. So, in order to get an accomodation, can I claim and get a share in my father's property?

Please guide me.



Learning

 26 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     29 August 2017

Mam, 

 

If that was his self acquired property, for more u can visit at https://kapilchandnaadvocate.wordpress.com/ 

 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

 


(Guest)

sir,

I could not find answer to my question by following the link. 

Kumar Doab (FIN)     29 August 2017

Go thru:

Central Government Act

Section 20 in The Hindu Adoptions and Maintenance Act, 1956

 

20. Maintenance of children and aged parents.— (1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.

(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.

(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property. Explanation.—In this section “parent” includes a childless step-mother.

https://indiankanoon.org/doc/17630/

 


 

Kumar Doab (FIN)     29 August 2017

Also:

3. Definitions;

(b) "maintenance" includes-

(i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment;

(ii) in the case of an unmarried daughter also the reasonable expenses of and incident to her marriage;

(c) "minor" means a person who has not completed his or her age of eighteen years. 23. Amount of maintenance-

25. Amount of maintenance may be altered on change of circumstances-T

https://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf

  
 

Kumar Doab (FIN)     29 August 2017

Also:

3. Definitions;

(b) "maintenance" includes-

(i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment;

(ii) in the case of an unmarried daughter also the reasonable expenses of and incident to her marriage;

(c) "minor" means a person who has not completed his or her age of eighteen years. 23. Amount of maintenance-

25. Amount of maintenance may be altered on change of circumstances-T

https://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf

  
 

Kumar Doab (FIN)     29 August 2017


 

Also:    

Central Government Act Section 125 in The Code Of Criminal Procedure, 1973

125. Order for maintenance of wives, children and parents.  

https://indiankanoon.org/doc/1056396/



 

Kumar Doab (FIN)     29 August 2017

Originally posted by : Shraddha
I am heading for a divorce but my husband does not own a property. Therefore, in order to get a house to live I wish to claim in my father's self acquired property. Though my father has already transferred the house in my brother's name few years ago, can I still claim in his property? As per the modern law if a married daughter does  not have a house to live in she can claim in her father's property. My situation is even worse because I do own a house from either sides. So, in order to get an accomodation, can I claim and get a share in my father's property?

Please guide me.

 

 

Now pls quote which modern Act you have mentioned in your post!

Kumar Doab (FIN)     29 August 2017

Mr. Ramesh Singh,

All posts are to help the Lady that is a sister, daughter...............and response shall be posted even if ANYONE TRIES TO HIJACK THE THREAD.

You may freely post whatever you have and want to post to help the Lady.

 

Kumar Doab (FIN)     29 August 2017

Mr. Ramesh Singh,

Another sister and daughter is being supported whole-heartedly in another thread at:

https://www.lawyersclubindia.com/forum/need-help-153021.asp

without botering if ANYONE SHALL TRY TO HIJACK THE THREAD.

You may freely post whatever you have and want to post to help the daughter/sister.

She is deprived of virtually everything; sandals to cover her feet, soap to bath and keep clean, cosmetics may very well be forgotten, clothes to wear and cover,

food to eat and live.......................not for herself alone but also for her younger siblings.....................in line and spirit with phrases/language preferred by you........... 

 

Kumar Doab (FIN)     29 August 2017

Mr. Ramesh Singh ,

The Lady in this thread is not divorced..........however is facing such matter.

 

Kumar Doab (FIN)     29 August 2017

Originally posted by : Ramesh Singh
Thanks Sir, it sound good, but I am not interested to interfere, when someone handle it properly,
After all its matter of principle.

 

You may not agree but your posts to me in some threads are not in good taste.Still I have been nice and gentle to you.

I am asking you to help the Lady in this thread and daughters and sisters and brother in other thread.

For your help and support the extent links and clauses have already been mentioned.

The Lady in this thread is unable to understand the material provided by Mr. Kapil Chandna.

 

You must help her there also. 

Siddharth Srivastava (Advocate)     29 August 2017

Daughter or any person does not have any right in the self acquired property of her father and father is free to deal with such property as he may think proper.
1 Like

pankaj verma   29 August 2017

yes u can challenge the will or sale deed as the case....its ur right..as per the amended act
1 Like

Kumar Doab (FIN)     29 August 2017

Dear LCI Querist @ Mrs. Shraddha,

 Pls post which modern act you have referred.


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