Can a married daughter claim maintenance from her father?
Can a married daughter claim maintenance from her father?
New Delhi: A Supreme Court bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah on Tuesday held that as a proposition of law, an unmarried Hindu daughter can claim maintenance from her father till she is married, provided she pleads and proves that she is unable to maintain herself.
Can parents claim maintenance from son?
Step-mother can claim maintenance: The Hon’ble Supreme Court in Kirtikant D. Vadodaria v. held that “a childless step-mother may claim maintenance from her step-son provided she is a widow or her husband, if living, is also incapable of supporting and maintaining her”. However the Karnataka High Court in Ulleppa v.
Do daughters have share in mother’s property?
Married daughter has equal right in the property of her mother as the son, and in case the mother dies intestate, the married daughter inherits her share equally with the son as per the Act of 1956. Generally, relatives of mother inherit and have priority over her husband and husband’s relatives.
Can daughter claim Mothers property?
The Hindu Succession Act, 1956, was amended in 2005 to give daughters an equal share in parental property. However, it is important to note that if the father died before 2005, a married daughter will not have any right over ancestral property, while the self-acquired property will be distributed as per the will.
Can Mother gift property to one son?
INDIAN SUCCESSION ACT 1956 . according to that section she can gift the property to any body to her wish and will. any share in the property. to avoid legal issues if that gift is not registered you ask your mother to register that gift property in your name.
Do grandchildren have a right to their grandfather’s property?
Grandchildren have no birthright in the self-acquired property of the grandfather. As per Hindu Succession Act, 1956, the self-acquired property of a Hindu male dying intestate devolves by succession, among the legal heirs as follows: Class I heirs.
How ancestral property is divided?
The shares within the ancestral property are first determined for each and every generation and divided for the next generation. Moreover, properties acquired from mother, grandmother, uncle, or even brother are not the ancestor properties. And property inherited by will and gift also is not ancestral property.
Is it true that ancestral property once divided becomes self-acquired?
It is helpful to first understand the concept of ancestral property under the Hindu laws. When a division or a partition happens in a joint Hindu family, it becomes “self-acquired” property in the hands of a family member who has received it.
Is ancestral property can be willed?
No, your father cannot will ancestral property to the sons and all the legal heirs are entitled to an equal share in the property, whether they are sons or daughters. It appears that your grandfather had a freehold property which was not inherited.
Can daughters claim grandfather’s property?
A daughter has been given the same right to ancestral property as the son after the amendment of the Hindu Succession Act, 1956. However, the daughter has a right to ancestral property only if the father was alive on 9 September 2005, when the amendment took place.
Who is the owner of property after father death?
If the father dies intestate, that is, without leaving a will, all legal heirs have an equal right to the property. The Hindu Succession Act categorises a male’s heirs into four classes and the inheritable property goes first to Class I heirs. These include the widow, daughters and sons, among others.
Can I claim grandfather’s property?
A grandchild does not have any birth right in the self- acquired property of his grandfather if it has been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to whoever he desires.
Who are all the legal heirs of a deceased person?
The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law: Spouse of the deceased. Children of the deceased (Son/ Daughter) Parents of the deceased.
Who gets property after death?
Generally, only spouses, registered domestic partners, and blood relatives inherit under intestate succession laws; unmarried partners, friends, and charities get nothing. If the deceased person was married, the surviving spouse usually gets the largest share.
Can I live in my deceased mother’s house?
If you don’t probate your mother’s will, her house will remain in her name even after her death. This doesn’t mean that you can’t live in it or otherwise make use of the property, but you won’t own it. If you don’t own it, you can’t sell it. You also can’t use it as collateral for a loan.
Who gets property when husband dies?
If the deceased leaves a spouse and children, and the children are the spouse’s children, the spouse is entitled to the whole estate. If the deceased leaves a spouse and children, but the children are not the spouse’s children, the spouse is entitled to: the intestate’s personal effects (defined in section 101), and.
