All the coparceners are members but vice-versa is not true. Even small property earned by the daughters dont have right to take any decision based on it. He can alienate the gifted property to anyone he likes and in any way Parental propert right for daughters in likes.
Devi maya Dahal of khedang -4 in Taplejung had cased a file against her father and two brothers in apellate court but the opponents had did the court-out settlement with one lakh rupee as a parental property.
The suit was contested mainly with the plea that the plaintiff could claim share only in the self acquired property of her deceased father and not in the entire property. Comment The SC in pronouncing this judgment has provided the much-needed clarity that the Amendment Act is prospective in its application, i.
The grandson has no legal right on such property because his grandfather chose to bestow a favour on his father which he could have bestowed on any other person as well.
Now, women of the family can also be a coparcener. The root of this decision lies in the amendment passed to the Hindu Succession Act,in Accordingly Phulavati could not be considered to be a coparcener at the time of commencement of the Amendment Act; and The Amendment Act would not be applicable in the instant case.
Thus, the interest which he takes in such property must depend upon the will of the grantor and therefore, when the son has got the property from his father as a gift, his sons or daughter cannot claim part in it calling it ancestral property.
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They generally dont misuse thier parental property. Consequently, the daughter gets all the rights attached with coparcenary, including the right to ask for partition of the property and to become a Karta of the HUF. Married daughters property are also used by their their inlaws and her husband.
If a will is not prepared, on her death, her share in the joint property shall not devolve on other members of the HUF but will pass on to her legal heirs. Interestingly the daughter cannot gift her share in the HUF property while she is alive but she is fully capable of giving away her share in the HUF property by way of a will.
Thus, they are not entitled to ask for the partition but are entitled for maintenance and shares as and when partition takes place. Either she had to consult her father or her husband if married then.
It makes daughters to be selfdependent and pratical in personal life.
Can a father gift a property to his son? The people who are so descended from commons ancestors, were divided in two parts. Daughters afters marriage would also be in attached with the parents proprty.
The Karnataka High Court ruled in favour of Phulavati holding that an amendment in this case the Amendment Act would be applicable to pending proceedings, even if such an amendment was prospective in its operation HC Order.The Married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Actthat came into force since 9th sept The Hindu Succession Act,originally didn't give daughters equal rights to.
Hindu Succession Act, was amended in which says daughter has equal right in the father's property after marriage. The Indian property law specifies married daughters' property right.
The Parliament on Monday passed the Civil Code Bill and the Civil Procedure Code Bill heralding sweeping reforms in the country’s civil law, including equal property rights for sons and daughters. The amendments of gave equal right to daughters in coparcener properties by removing the discrimination that existed in the original enactment, the Hindu Succession Act, against Hindu women on rights over ancestral properties.
Oct 23, · In a verdict that can have a cascading effect on matters related to partition of ancestral properties with regard to equal right for daughters, the Supreme Court has declared that the coparcener rightAuthor: Krishnaprasad.
Daughters Right To Property Daughter's Right To Property Post Amendment To The Hindu Succession Act, India has been a land of discrimination for the females as against their male counterparts since history.Download