Advocate Puspa Rani Mohapatra

Questions Answered by Advocate Puspa Rani Mohapatra

Q: Whether the daughter has a right in the parent's property

Dear Sir/Madam. We are Hindu. My wife's parents died one in 2016 and the other in 2017. They had made no will. No share certificate or succession certificate is done so far. Her two brothers are in possession of the property in Cuttack, Odisha ? They do not to want to give my wife's share. Within how many years (maximum), we can file the case to get my wife's share. If we do not do any thing whether they can transfer the property to their name without my wife's consent. Whether they can have additional construction to the exiting building with out my wife's consent. Please reply. Regards. R K Rout

Advocate Puspa Rani Mohapatra answered
The married daughter have equal right in the parental property after the advent of amendment in Hindu succession Act 1956,that came into force since 9th see 2005.The Hindu succession Act, 1956.originally did not give daughters equal right to ancestral property, this disparity was removed by an amendment that came into force on September 9,2005. Advocate pusparani Mohapatra

Q: Can a son claim right on his father's property

I am a sikh guy residing at keonjhar, odisha. After 4years of my marriage my parents want me to work in other state and the day i returned back to my home i was shocked to know that my father sold our home without my concern. When i asked for my share he just refused to give me a singl penny from his property ..now i cant understand what to do now! Please Help!!

Advocate Puspa Rani Mohapatra answered
In India, as per Hindu succession Act.If the property is ancestral, son/children have the right over the property. For the property to be ancestral,it has either to be inherited by the father from his father.Adv.Pusparani Mohapatra.

Q: Can a daughter claim rights in her dead father's property

My mother died 1994, I have 2 brothers,my father got married again in 1995, our step mother has no children of her own. My father died in march 2016. My step mother is staying with my younger first brother in Delhi. My brothers and step mother now want to sell our Rourkela house and buy a new house in Delihi. They said I don't have any claim or share on that property because father has willed the house to my two brothers and my step mother. I am the eldest daughter of my family and Iam very poor, they1000 times richer than me, they said go to court and fight but won't get a paisa our mother will get all the money.Please advice.I am Hindu but my Husband is Muslim.

Advocate Puspa Rani Mohapatra answered
The daughter is having equal rights in her father's property who died intestate. As per Hindu succession Act, 1956 a daughter has an equal share in father's property and after the amendment of 2005,daughter is an equal copercener in the joint Hindu family copercenary.A daughter can claim her share in father's property after his dies intestate.Adv.Pusparani Mohapatra

Q: Can a married daughter claim rights on father's property

Religion : Hinduism Person X has inherited his landed properties which was in the name of his mother Y. In the meantime, person X has made the properties in his name. Can the married daughter of X claim her share from X ?

Advocate Puspa Rani Mohapatra answered
The married daughter have equal right in the parental property after the advent of amendment in the Hindu succession Act 1956,that came into force since 9th September 2005.The Hindu succession Act, 1956,originally didn't give daughters equal rights to ancestral property, This disparity was removed by an amendment that came into force on September 9,2005.