Right of property of hindu women
21-Nov-2023 (In Property Law)
I am (HINDU) living in New Delhi a married women. I have a small family i.e. Husband and only one single Daughter (Minor) Madam, We are two childern's of my father one son i.e. brother (elder) and myself daughter(younger). My father was retired from Govt. service and died on 2011 without any will.. In whole life my father was purchased all property in the name of my mother to save property tax etc.., I was very close to my father he was always told me in front of all family members/relative that he give me equal share in his property. Now after the sudden death of my father in August, 2011 my mother and brother gave me so much stress totally deny to give me any share/part of property. Please advice me can being a Hindu i have right/claim to my share from my mother. It is also submitted for your information that my mother is Housewife and my brother is unemployed all property was purchased with the money of my father. Waiting for your reply.
yes, after the amendment in property l in the year 2006, a hindu daughter is equal to a hindu son and she also shares rights in the property as share by son of the family. you also have the equal rights over the property of your father
You can seek your right to equal share in the property.
It is a known and well recognized practice in India that husband and sons purchase property in the name of female members of the family to save governmental charges. In most of the cases the females are non-working members of the family. The situation is not new to the courts and in case of disputes of such nature, a party claiming a right over the property can approach the court and have their rights declared under law. Similarly, you need to approach the court with a prayer that the property in question was owned by your father during his lifetime, and after his demise, you have an equal right in the property. Further, you will also need to seek partition of the property. Hope this answers your query. The fact that your brother is unemployed and your mother s a housewife will support your case.
It is a known and well recognized practice in India that husband and sons purchase property in the name of female members of the family to save governmental charges. In most of the cases the females are non-working members of the family. The situation is not new to the courts and in case of disputes of such nature, a party claiming a right over the property can approach the court and have their rights declared under law. Similarly, you need to approach the court with a prayer that the property in question was owned by your father during his lifetime, and after his demise, you have an equal right in the property. Further, you will also need to seek partition of the property. Hope this answers your query. The fact that your brother is unemployed and your mother s a housewife will support your case.
Your father expired in 2011 what have you been waiting for five years. Immediately serve a legal notice through a lawyer then file suit for partition and also seek injunction so that they can not sell etc.
You have a very good case because as per the law, you have equal share in the property. If you haven't relinquished your share in the property, then no matter how much your mother and brother tries, they can't exclude you from asserting your right on the property.
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