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| Rights of a Daughter !!!!!! | Views: 729 |
| Jan 07, 2008 5:58 am | | Rights of a Daughter !!!!!! | # |
Arvinder Singh | | Hi,
Can Somebody throw light on the legal rights of daughter on her father's property...........Private Reply to Arvinder Singh |
| Jan 07, 2008 6:20 am | | re: Rights of a Daughter !!!!!! | # |
Manoj Nayak | | 
As far as i know, the share in fathers property is 50% to the wife and rest of it divided equally among the children, be it son or daughter,but im not a lawyer, and i dont know whether its same for all religion.Private Reply to Manoj Nayak |
| Jan 07, 2008 6:25 am | | re: re: Rights of a Daughter !!!!!! | # |
Vijay Nair | | Of course its not same for all. The Hindu Succession Act, The Muslim Personal laws and the Indian Succession Act defines the manner of succession. Within them also there are intricate differences. Would help if you could narrow down the question a bit. Private Reply to Vijay Nair |
| Jan 07, 2008 6:25 am | | re: Rights of a Daughter !!!!!! | # |
Jayant Tewari, OutSourced CFO | | Depends on a couple of things:
1. Is the Father alive or deceased ?
2. Is the Property Self Acquired (by the Father) or is it inherited ?
3. Is the property a part of a 'Hindu Undivided Family (HUF)' Property ?
Daughter's Inheritance Rights 101 is too large a coure to conduct here without some framework ....Private Reply to Jayant Tewari, OutSourced CFO |
| Jan 07, 2008 6:32 am | | re: Rights of a Daughter !!!!!! | # |
Y Bhavy | | Same right like her brother. Private Reply to Y Bhavy |
| Jan 07, 2008 10:26 am | | re: re: Rights of a Daughter !!!!!! | # |
Arvinder Singh | | Hi, First of all Thanks for replying to the post,now as per your queries Father Mother both are alive,its a self acquired property alloted to him in 1970's from BDA while in Govt. Service.Hindu Family by Religion,Having 2Daughters and 1 Son and all are married. Private Reply to Arvinder Singh |
| Jan 07, 2008 10:52 am | | re: re: re: Rights of a Daughter !!!!!! | # |
Jayant Tewari, OutSourced CFO | | My basic understanding is that, for self acquired property, all rights rest only with the acquirer and he is fully within his rights to distribute the property as per his Will. The Will must be in writing to avoid confusion and should preferably be Registered.
A Registered Will can be countermanded by another Written Will which is dated and witnessed after the Registered Will.
The Will applied in case of Death is the Last chronological Will, in writing, duly witnessed with affadavits in support by the witnesses, available with any of the inheritors.
There are also specific grounds under which an Unregistered Will can be contested, i.e. Mental imbalance of the deceased (medical evidence to be provided), Undue Influence exercised by the primary beneficiary (mere residence is insufficient, corroborative evidence must be provided) etc.
A Registered Will cannot be contested on any grounds whatsoever and can only be countermanded by a later written will.
In case the later Written Will is contested and overturned, the earlier Uncontested Written Will or earlier Registered Will shall be deemed to apply.
Please recognise, all of the above apply only after the death. While the person is alive, none of the potential inheritors have any rights whatsoever.
I'm sure lawyers may wish to comment and add further value, but I think this is general law of inheritance 101.
Hope this clarifies ....Private Reply to Jayant Tewari, OutSourced CFO |
| Jan 07, 2008 5:17 pm | | re: re: Rights of a Daughter !!!!!! | # |
charuhasan | | All Law is common sense...Mr.Bhavay better than a qualified lawyer like me. As a lawyer I found that it was easier to cross examine a lawyer than any other professional. If I ask him How many eyes he got. He would say four as he was wearing a spectacle. For law mathematics and science do not go to gether
charu Private Reply to charuhasan |
| Mar 27, 2008 7:58 am | | re: Rights of a Daughter !!!!!! | # |
rani shweta | | that depends on which act they are goverened by....earlier it was that in hindu law there was a difference in inheritance by a married and an unmarried or widowed daughter but now i think that difference has been removed... can somebody please throw a light on this as to what is the current situation ?? Private Reply to rani shweta |
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