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Ancestral property partition claim by minor daughter
09-Mar-2023 (In Property Law)
Hi, My self and my wife seperated, we have a daughter, my daughter is being taken care by her mother. My wife has filed a partition suite on all our family properties. My Questions: 1. 75 cents ancestral land is transferred to my sister by my father before my daughter's birth. Does she gets share in that? 2. I have been paying maintenance for my daughter, still her partition suite is allowed or not?
Your daughter will get share from your share of property. She will not get any share from the property transferred to your sister. Your daughter is your legal heir and she has right over the property that you inherited from your father. she also has a right on your self earned property (assuming you do not write a will or gift to others during your life time). A suit for partition is based on this right. Maintenance is also based on her rights. Maintenance rights and Rights on property are two different rights and cannot be clubbed. in fact, the daughter has the right to ask you to provide her maintenance till her marriage from your self earned and ancestral properties.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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