What are the rights of daughter in father's property

971 votes

A remarried widow can keep the share of her dead husband’s property
In 2008, the Supreme Court of India decided that widow who remarries cannot be deprived of a share in her dead husband’s property as according to it the widow becomes an absolute owner of the deceased husband’s riches to the extent of her share as the provisions of the Hindu Succession Act 1956 would prevail over the earlier Hindu Widow’s Remarriage Act 1856.
The Supreme Court of India did not concur with the provisions of the Hindu Widow’s Remarriage Act 1856 which says that all rights and interests which any widow may have in her deceased husband’s property by way of maintenance, or by inheritance, shall cease upon her re-marriage and set it aside.
The apex court based its decision on the fact that since the Hindu Marriage Act provides for absolute ownership for a widow over her deceased’s husband property; she cannot be deprived of the same. The change in her marital status thereafter does not matter, particularly after the tremendous changes brought in by the Hindu Succession Act.
The Supreme Court in its decision observed that the Hindu Succession Act had brought about a sea change in Shastric Hindu law and made Hindu widows eligible and equal in the matter of inheritance and succession along with male heirs.
The Apex court held that section 4 of Hindu Marriage Act would have overriding effect over the text of any Hindu law including the Hindu Widow’s Remarriage Act.

Advocate Bharat Pandirao Pawar LawRato

786 votes

Right now have you got the khata of house transferred to your name ? and are the sisters claiming by issuing any notice to you, or asking orally ? And what were the death claims of your father you gave to them ?

Advocate S.K Prabhakar Shetty LawRato

519 votes

Have you kept all documents that you had invested on the house since Court like after those documents and decide since our law looks into document which you have produced before court and u will get back what u have invested further all three have equal share on that property do settle issue with your sister by compromise

Advocate Nagesh B L LawRato

723 votes

Please know that you have mentioned that the house belong to your father. Your father had it from his mother. Under what kind document your father had from his mother. It is the material document.
Please go to an advocate with the document and take his opinion, because your query is incomplete. Good Luck.

Advocate Chandraiah LawRato