Share of a daughter in parental property

732 votes

I am sorry to hear about the situation of your colleague. A divorced wife is also entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973. There are several judgments to this effect. However, she cannot claim maintenance under this provision if it is a case of divorce by mutual consent and the woman had relinquished her right to maintenance. One may apply under the same provision of law for maintenance of the children if any which is a joint responsibility.

The provision empowers a judicial magistrate to direct an individual to pay monthly allowance for the maintenance of his wife, children (both legitimate and illegitimate) and parents if there is sufficient evidence to prove that he had either neglected or refused to maintain them. An explanation appended to the provision defines the term ‘wife’ to include even a woman who had been divorced by or had obtained divorce from her husband and had not remarried. Further, Section 127 of the Code of Criminal Procedure, 1973 states that a maintenance order could not be altered unless the woman had remarried or given up her claim voluntarily or agreed for receiving a lump sum amount as per personal or customary law.

LawRato LawRato

696 votes

Sir, if she is unable to maintain herself for valid reasons and her parents are possessed of adequate means but refuse to maintain her an application for maintenance may be preferred in that respect. Further, she may have a right in her ancestral properties for which a more elaborate discussion is necessary

Advocate Rajat Joseph LawRato

554 votes

The only legal right which she may have is to a share in the parental property, however, it depends upon how many siblings she has. Further, her right to a share in the property of her father would depend on whether the subject property is ancestral property or self acquired property of her father. If so entitled, she may go for an action for partition.

Advocate Rahil Chadha LawRato