New law for daughter in father property

My father passed away during 1974-75 and my mother is alive. I am the only son and I have two elder sisters both are married in the year 1978 and 1980 respectively. My father has not made any Will. Kindly let me know whether myself and mother are only the legal heirs for the property or my sisters can claim their share & whether my mother can make a Will giving share to my two sisters. The laws relating to the division of property in India among Hindus are dealt with under the Hindu Succession Act, 1956. Earlier, the rights of sons and daughter under this Act were different. Where the sons had complete rights of inheritance over the property of the father, the daughters enjoyed this right only until they were unmarried. A daughter was supposed to claim the property rights in the husband’s property after marriage. However, an amendment was made to the Hindu Succession Act in the year 2005 which gave equal rights and liabilities to the daughter in the father’s property as that of a son. After the Amendment, a daughter, whether married or not, was also given rights of inheritance in her father’s property. It stated that all daughters born on, before or after 2005 amendment shall have the same rights in the father’s ancestral or self-acquired property as that of the son. Division of property when father died intestate When a Hindu male dies intestate (without leaving a will) the division of his property upon his heirs is done by the rules specified under the Hindu Succession A...

Hello, Fortunately or unfortunately there are no situations in which the daughter/daughters can be disentitled of their right in their father's property. The daughters have equal rights in the ancestral property with all the other heirs. During the life time of the father he can give away his self acquired property to anyone and this can not be challenged by the daughter/daughters. 25. Murderer disqualified.- A person who commits murder or abets the commission of murder shall be disqualified from 26. Convert’s descendants disqualified.- Where, before or after the commencement of this Act, a Hindu has ceased or ceases to be a Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens. 27. Succession when heir disqualified.- If any person is disqualified from succeeding to any property on the ground of any disease, defect r deformity, as save as provided in this Act, on any other ground whatsoever. 28. Disease, defect, etc. not to disqualify. - No person shall be disqualified form succeeding to any property on the ground of any disease, defect or deformity, or save as provided in this Act, on any other ground whatsoever. 29. Failure of heirs.- If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Ac...

Increasingly, several generations of American families are living together. According to a Pew Research Center analysis of U.S. Census data, 64 million Americans, or 20 percent of the population, live in households containing two adult generations. These multi-generational living arrangements present legal and financial challenges around home ownership. Multi-generational households may include "boomerang" children who return home after college or other forays out into the world, middle-aged children who have lost jobs, or seniors who no longer can or want to live alone. In many, if not most, cases when mom moves in with daughter and son-in-law or daughter and son-in-law move in with mom, everything works out well for all concerned. But it's important that everyone, including siblings living elsewhere, find answers to questions like these: • If mom owns the house, what happens when she passes away? Do daughter and son-in-law have to move out? If mom leaves them the house, is that fair to the other siblings? If she leaves them her savings and investments instead, what happens if that money gets spent down on her care? • If mom pays for an in-law addition to be built on daughter and son-in-law's house, what guarantees should she have about being able to live there? What happens if, despite everyone's best intentions, mom moves out either because living together isn't working out or she needs care that the family can't provide? Do the daughter and son-in-law simply get the ad...

India, in ancient times bore the zeitgeist concepts of traditional joint Hindu family. A unit consisting of individuals related by blood, sharing a common roof, joined in food and worship and common ownership of properties for the benefit of the family. This concept has been institutionalized in the Mitakshara School of Hindu Law and is known coparcenary which consists of the propositus who a male ancestor is always and three lineal male descendants ie a total of four generations. These properties owned by a coparcenary are referred to as ‘coparcenary’ property. Traditionally, coparcenary interest in a joint Hindu family property was limited to only male lineal descendants, who acquired an interest in coparcenary property by birth. If a coparcener dies, his share was inherited by way of survivorship by remaining coparceners. The concepts of joint Hindu family and coparcenary property found its way in the Indian statute books when certain aspects of personal law governing Hindus was codified after independence. The Hindu Succession Act, 1956 (HSA) dealt with matters of succession and recognized the concept of coparcenary interest. Independently of this the Income-tax law recognized ‘Hindu Undivided Family’ (HUF) as a separate taxable entity. It needs to be noted, however that an HUF and a Joint Hindu Family are distinct from each other in law. Further, Companies Act also implicitly gave recognition to an HUF by acknowledging holding of its interests by a Karta – the manager...

An individual has several rights as a coparcener in an ancestral property. He is the joint owner of the property and if he wants his share, he can file a suit for partition. A coparcener can also acquire a separate property and at the same time has the right to give away or sell to any stranger his share in the ancestral property and the self-acquired property. On the other hand, a self-acquired property which is gifted by a father to his son is not treated as an ancestral property. The individual is within his right to dispose of the property the way he/she wants. Can your father gift you In the case of CN Arunachala Mudaliar vs CA Muruganatha Mudaliar, the Supreme Court had held that property gifted by a father to his son was not ancestral property. The top court observed that the property of the grandfather could normally vest in the father as ancestral property. It has to be noted that a man gets the ancestral property under two conditions – he either inherits such property on the death of his father or receives it by a partition made by his father during his lifetime. But, if the man obtains his property as a gift, it does not come under the purview of ancestral property. Going by that reasoning, you stand no claim on property gifted to your father by grandfather. If a father gifts a property to his son or daughter, it is a self-acquired property. The grandson, in such cases, has no legal right in the property because his grandfather chose to gift the property to his ...

By Published on 4 Feb 2021 4:54 AM GMT The present article aims to analyze the daughter’s right to property inheritance in her father’s property, with a primary focus on the persistent gender-discriminatory provisions and conditions before the implementation of the Hindu Succession Act 2005. For the study purpose, the article has provided a detailed overview of the scope of the daughter’s property rights before and after… The present article aims to analyze the daughter’s right to property inheritance in her father’s property, with a primary focus on the persistent gender-discriminatory provisions and conditions before the implementation of the Hindu Succession Act 2005. For the study purpose, the article has provided a detailed overview of the scope of the daughter’s property rights before and after amendment in the Hindu Succession Act with the help of relevant case laws.... The present article aims to analyze the daughter’s right to property inheritance in her father’s property, with a primary focus on the persistent gender-discriminatory provisions and conditions before the implementation of the Hindu Succession Act 2005. For the study purpose, the article has provided a detailed overview of the scope of the daughter’s property rights before and after amendment in the Hindu Succession Act with the help of relevant case laws. Introduction The Hindu Succession Act 1956 at the time of enactment didn’t have any provision regarding the rights of daughters in the coparcenary...

Daughter’s right in her parents property has always been debatable. Earlier, the law prohibited the daughters from inheriting the property of the parents. It was only the sons who were entitled to be a successor in their parents’ property. They had an exclusive right to be a coparcener in the ancestral property. But after the amendment of 2005, the law clearly stated that the daughters can claim a right in their parents’ property. Daughters now have an equal right in the ancestral property and are at par with sons. Since the law came in 2005, there arose a confusion in 2015 when two daughters born before 2005 claimed a right in their father’s property. All the courts denied the sisters’ right in the property. But in the end when the appeal finally went to the Supreme Court, it clarified that a daughter’s right in the property shall remain valid irrespective of her age. It does not matter if the daughter was born before 2005. Even when the daughter is born before 2005, she has a valid right in the property of her parents. She can lawfully claim the rights in the property of her parents. However, since the law cannot be made effective retrospectively, it is mandatory that the father is alive when the law came into force i.e. 2005. If the father had deceased before the law came into force then it cannot be imposed retrospectively. It also clarifies, that irrespective of the fact whether the daughter gets married or stays unmarried, the right of the daughter in her father’s pr...

I recently met with a client to update her will, and her big question was whether she still needs a trust for her daughter. Her child has graduated college, is on her second well-paying job, got married and is now a new mom. Her daughter has been maturing into a responsible young adult. But there’s another factor that weighs heavily on my client’s mind – her son-in-law and the potential for divorce. Sign up The larger question becomes how well they think their children will handle receiving a large sum of money. As they watch their children mature, in most cases my clients eventually feel their child is up to the task. Yet they still want a trust because they worry about their adult child losing thousands, if not millions, of dollars of their inheritance as a result of a failed marriage. By establishing a trust as part of their will, these clients can help protect their child’s assets in a divorce settlement. Let’s examine how this works. In many cases, if a child receives an inheritance and combines it with assets they own jointly with their spouse – such as a bank account, car or house – depending upon the state in which they live, the inheritance may become subject to marital property division if the adult child and spouse later divorce. One of my clients left his daughter’s inheritance in a trust after her first divorce because he was afraid his hard-earned dollars might end up squandered if she remarried. It turns out my client was spot on – she married again; it did ...