MakaanMela Property Blog

What is the right of a married daughter on heritage property?

Orgasm is married. Seven years have passed since their parents have passed. He wants to know whether the married daughter has the legal right on heritage property? Especially given that parents have died many years ago.

The 2005 Hindu Succession Act, 1956 has changed. In this, the daughters have been given equal shares in ancestral property. In the case of heritage property, now the daughter also becomes part of the birth. At the same time, the property purchased by itself is distributed according to the will.

If the father dies without the will, then the parental and the father’s property have as much authority as the daughter’s son. In this case daughter is not married to anybody. Married daughter has the same right as a virgin daughter. There is definitely one thing to note about here. If the father died before 2005, then the married daughter will have no rights over the parental property. At the same time, the property purchased by the father himself will be shared according to will.

If the father died after 2005, then the property of the ancestors is entitled to claim the daughter. The right of succession never ends. Then how much time has passed.

In this way, the legal heirs can file a lawsuit in the court for their entitlement in Satvati Property. Even then, their parents have been in the last seven years.

Vineeta’s father left the world without the will. While staying alive, he transferred property to the mother of Vinnita’s mother. The money was given to children without registered Gift Deed. Vinita’s mother is now refusing to give him the property. Do they have legal rights on the property?

If the father himself has given a property to the surviving property, then the heirs who have not got any share in it, have no right after their father’s death. However, according to the Registration Act, gift deed of real estate is necessary. If you do not register Gift Deed, it can be challenged in court. In it, Vineeta can claim the property of his share.

If Vinita’s mother is not willing to share in the property. While the property of the deceased is not there, its settlement is legal. This means that the property purchased by itself will be first shared in children and wife (Class 1 Higher). There will be an equal part of it. If there is no valid gift or will, Vinita’s mother can not stop her from taking her share of property.

Let’s take the question of Smita. Smita’s father died without a will. Smita and her brother gave a no-objection certification (NOC) for the transfer of their mother to the house. Now the mother wants to sell her. Can they stop them from doing so?

Property is divided between legal heirs when death without father’s will. Give property to class 1 hairs (children and wife). If they have given NOC to transfer the house as a child to the mother, then it will depend on its provisions to stop selling it.

Let’s assume that property has been transferred to mother’s name. Even in NOC, they have got the full right of property transactions, so the children do not have any right in it. That is, they can not stop their mother from selling property. Counsel for NOC can be consulted for further advice on this issue.

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