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Daughter wants to claim share in mother's property
20-Jan-2023 (In Property Law)
It is about Hindu Succession Act. So here is the case: Rohit and Payal are married, they both are hindu. They have 5 daughters and no son. Rohit has self acquired property a bungalow and a vacant plot. Bungalow is on the name of Rohit and vacant plot is on the name of his wife Payal? Rohit has died without making any Will and Payal is still alive. Payal has not acquired the vacant plot on her own, it was given to her by her husband Rohit, so I think its not her self acquired property. So the question is, Does Payal have right to give away the vacant plot to anybody she wants OR her daughters can claim equal share in the vacant plot?
yes,
her daughter can claim Equal share in the Vacant Plot, According to Hindu Succession Act 1956 and also the Amendment Act 2005, the Daughter have full and Equal Right of the Property so here father died without making will still there is no problem that all property of father ultimately will gone to widow mother and also her daughters(Major)here after her mother then will be her daughters so here widow mother and daughter are same rights According to law and whatever decision will be take mutually between them, so here without daughter knowledge the widow mother cant transfer the property suppose if the property will be transfer without her daughter knowledge then the transfer is Null and Void According to Law.
her daughter can claim Equal share in the Vacant Plot, According to Hindu Succession Act 1956 and also the Amendment Act 2005, the Daughter have full and Equal Right of the Property so here father died without making will still there is no problem that all property of father ultimately will gone to widow mother and also her daughters(Major)here after her mother then will be her daughters so here widow mother and daughter are same rights According to law and whatever decision will be take mutually between them, so here without daughter knowledge the widow mother cant transfer the property suppose if the property will be transfer without her daughter knowledge then the transfer is Null and Void According to Law.
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Adv. Murugamani Subramaniam
Mumbai | 25+ Answers
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It is not Hindu Undivided Family property. Therefore PayPal has independent Right to dispose plot at her own will to anybody. Because it is obtained from her husband in his lifetime.
Plot cannot be construed as HUF property.
Plot cannot be construed as HUF property.
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Adv. Sandeep Shamrao Pingale
Mumbai | 400+ Answers
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hello client, as per your query i can tell you that your mother is the whole and sole person for all the property whether your father had made a will or not. and for further need you can contact me...
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Adv. Sachin Vijay Shukla
Mumbai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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