The progress of women cannot be underestimated.

The apex court said that while enacting the Hindu Succession Act, 1956, Parliament may have assumed that women would not have self-acquired property, but the progress made by women in the last decades cannot be underestimated.

It is not fair that women’s property should go only to their husband’s heirs.

The Supreme Court noted that women in India, especially Hindu women, now possess substantial amounts of self-acquired property due to increased education, employment, and entrepreneurship. The court remarked that if such a woman dies intestate, leaving behind no husband, sons, or daughters, and her self-earned property passes solely to her husband’s heirs, this situation could create problems for her maternal family.

The Supreme Court made the observation while hearing a public interest litigation filed by a woman lawyer, Snidha Mehra, challenging Section 15(1)(b). A bench comprising Justices B.V. Nagarathna and R. Mahadevan made the suggestion while disposing of the case.

This decision is to protect the interests of the women of the country.

The bench said that we are saying this not only to protect the interests of the women of this country but especially to protect the interests of Hindu women, so that there is no further litigation in this regard.

Controversy over the Hindu Succession Act, 1956

According to the law, Section 15(1)(b) of the Hindu Succession Act, 1956 provides that if a Hindu woman dies intestate, her property passes to the heirs of her husband before her parents. The petition argued that this provision is arbitrary, violates Articles 14, 15, and 21 of the Constitution, and should be struck down.

The post Property rights: Supreme Court took a tough stand on property rights, saying women without husbands and children should make wills in time. first appeared on Rightsofemployees.com.

There are many laws related to marriage, relationships and property in India. But people still have many questions about live-in relationships when the matter is related to the rights of children. Many people do not know whether a child born in a live-in relationship will get rights to his father’s property or not.

The Indian judicial system has recognized live-in relationships with some conditions. The Supreme Court and High Court have clarified in many cases that if the relationship has lasted for a long time, then it can be considered equivalent to marriage. But the rules regarding the rights of the child are different.

The Indian judicial system has recognized live-in relationships with some conditions. The Supreme Court and High Court have clarified in many cases that if the relationship has lasted for a long time, then it can be considered equivalent to marriage. But the rules regarding the rights of the child are different.

The Supreme Court has said many times that if the live-in relationship has been permanent and publicly accepted for a long time, then the child born in it will be considered legitimate. In such a case, that child can be entitled to the father’s property. But this right depends on the type of property and the circumstances.

In case of self-acquired property, the owner has the right to give his property to anyone or not. In such a case, if the father wants, he can make a will and give the property to the child born from his live-in partner. But without a will, such a child does not have any legal right over this property.

The case is different in ancestral property. According to Hindu law, every legitimate child gets a share in it from birth. If the court has considered the live-in relationship as legitimate, then the child can also be equally entitled to this property. Whether there is a will or not.

Overall, the rights of a child born in a live-in relationship depend on the type of property, court recognition and legal documents. Therefore, it is important to consult a family law expert for correct information in such cases.

The post Property Rights of Children Born Out of Live-In Relationships: Explained first appeared on Rightsofemployees.com.

In this regard, it is very important for sons and daughters to know their rights. In India, the Hindu Succession Act, 1956 and the amendments made in 2005 clarify this matter.

Property disputes have now become a common thing in every household. There are frequent fights between brothers and sisters over the division of property. We see this especially in the case of division of father’s property. Cases are also being filed in the court for property. Why? Now, brothers and sisters are even going to the extent of killing each other for a piece of land.

At such times, it is very important for all of us to have a basic understanding of property rights. Now let’s talk about one such right. That is.. If the father dies without making a will, then who gets a share in the property? Son or daughter? In India, the amendments made in the Hindu Succession Act 1956 and 2005 clarify this matter. Let’s now learn about this topic.

What does the Hindu Succession Act say?

If a father dies intestate, his property will be distributed as per the Hindu Succession Act. According to this act, Class-1 heirs get first priority on the property of that person. Class-1 heirs include:

-Wife

– Son

– Daughters

– Mother

– All of these. The property will be divided equally among them. That is, if a father dies intestate, his share of the property will be equal to the share of his son and daughter.

Major changes with the 2005 Amendment:

The amendment made in the Hindu Succession Act in 2005 was very significant. Before this amendment, daughters did not have equal rights as sons in ancestral property. However, after the 2005 amendment, sons and daughters were given equal rights in ancestral property from birth. Even if a daughter gets married, she has the right to get a share in her father’s property.

Property can be divided into two main types:

Self-acquired property: Property acquired by the father with his own earnings is called self-acquired property. The father has full rights over this property. He can gift this property to anyone he wants or bequeath it through a will. However, if the father dies without making a will, this self-acquired property is also divided equally among all the class-1 heirs (wife, son, daughters, mother).

Son property: This is the property inherited by the father from his father, grandfather and great-grandfather. Sons and daughters have a birth right to this property from the time of birth. The father cannot give this property to anyone else as per his will, nor can he sell it without the consent of the children. After the amendment of 2005, daughters also have an equal share in this property along with sons.

Equal Rights: If a father dies without a will, his sons and daughters have equal rights in his self-acquired and ancestral property. Whether the daughter is married, unmarried or widowed, the property rights do not change.

Problems in the absence of a will: There is a possibility of disputes in the family regarding the division of property due to the absence of a will. To avoid these problems, it is very important to write a will.

– Therefore, if a father dies without a will, it is clear that the son and daughter have equal legal rights over his property. This is an important right guaranteed by the Hindu Succession Act.

The post Property Rights: Who Inherits Property When a Father Dies Without a Will in India? first appeared on Rightsofemployees.com.

Marriage is considered a sacred bond in Indian society. However, many times when it comes to the property rights of husband and wife, confusion arises. Often many people have a question that what are the rights of the husband in the property of the wife. Many people believe that after marriage, the husband has the right to every property of the wife.

However, to know how much truth is there in this, you have to know about the property related rights in India. In these laws, information is given about whether the husband can claim his right in the property of the wife after marriage or not. In this episode, today through this news, we are going to tell you about what are the rights of the husband in the property of the wife?

You should know that the property that a woman receives as a gift before, during and after marriage is called Stridhan. The woman has full rights over this property. The woman can do whatever she wants with this property.

The husband cannot claim his right on this property of the woman. For this reason, the husband cannot sell this property registered in the name of the woman without her permission. This is against the rules.

If you have any property in your wife’s name and you want to sell it, then in this situation you must take permission from your wife. You must know about this rule.

On the other hand, if a husband buys a property in the name of his wife, then in such a situation also the wife will have the right over that property because that property has been bought in the name of the wife. The husband cannot sell this property without the permission of his wife.

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The post What Are the Rights of a Husband in his wife’s property ? first appeared on Rightsofemployees.com.

However, under the Hindu Succession (Revised) Act 2005, they have now got equal rights as sons in their father’s property. But this right is subject to certain conditions, which are very important to understand.

No right to these properties

If the father has bought the property with his hard-earned money, then it will be considered completely his. In such a situation, if he wants, he can sell it, gift it to someone or name it in a will. The daughter does not get any automatic legal rights in this type of property, unless the father includes her in his will.

Split before 2005

If the legal and registered division of ancestral property has been done before 2005, then the daughter cannot claim it. The Supreme Court has also considered such earlier divisions as valid. But if the division has been done unequally, then it can be challenged in the court.

Property given as gift

If the grandfather or father has gifted the property to someone and the gift deed is legally valid, then the daughter cannot claim it. Such a gift is protected under the law.

Quitclaim deed

Sometimes daughters give up their right to their share in writing, by their own will, in exchange for money or other benefits. By doing so, they are deprived of that property. But if this consent has been taken under pressure, fraud or misconception, then they can challenge it in the court.

Being excluded from a will

If the father has clearly disinherited the daughter from the property in the will, then she will not get her share. The will is given priority in the law. However, if the will has been made under fraud or pressure, then the daughter can challenge it in the court.

Property given in trust

If a property has been handed over to a trust or legally transferred to someone else, the daughter will not get any rights in it. Trust properties are protected by law. The Hindu Succession Act has given equal rights to daughters in property, but these rights also have some limits and limitations. It would be better to take legal advice and have a clear understanding of the rights before a dispute arises in the family.

The post Daughters have equal rights in property! But in these cases daughters do not get property first appeared on Rightsofemployees.com.

This is the reason why many types of laws and rules have been made regarding property in the Constitution of India. Today we are going to tell you about a law here, which is very important to know. But you may be surprised to know that very few people know about this law. Today we will know here whether a daughter-in-law can also stake a claim on the property of her mother-in-law and father-in-law?

Can a daughter-in-law claim the self-acquired property of her mother-in-law and father-in-law?

Many types of laws have been made regarding who has the right over the property of the mother-in-law and father-in-law. Now a big question arises here that does the daughter-in-law also have a right over the property of the mother-in-law and father-in-law? The simple question is that the daughter-in-law has no legal right over the self-earned property of the mother-in-law and father-in-law. The daughter-in-law gets the right over the self-earned property of the mother-in-law and father-in-law through her husband.

If the mother-in-law and father-in-law want to give their self-earned property to the daughter-in-law, then they can do so. But, if the mother-in-law and father-in-law do not want to give their self-earned property to the daughter-in-law, then the daughter-in-law cannot claim that property. The mother-in-law and father-in-law can give their self-earned property to any relative through a will.

Daughter-in-law has no right on self-earned property of mother-in-law and father-in-law
According to the law, if a family has ancestral property, then the daughter-in-law can claim that property. A daughter-in-law can get a share in ancestral property in only two ways. This is possible if her husband transfers the right of his share of the property in her name. Apart from this, in situations like the death of the husband, the daughter-in-law can claim the ancestral property. Let us tell you that when a girl goes to her husband’s house after marriage, she has no right or claim on the property of her in-laws.

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The post Property Rights: Can a daughter-in-law claim her mother-in-law and father-in-law’s property? Know the laws first appeared on Rightsofemployees.com.

The structure of our society has been patriarchal for a long time, in such a situation, since independence, many big decisions have been taken to connect women with the mainstream of the country’s development. Not only this, many legal rights have also been given to women to empower them at the social and economic level. Due to these changes, today women are moving forward shoulder to shoulder with men.

At the same time, women have also been given many rights in property. Many people are quite confused about what rights have been given to women in property. Often people have this question that if the husband dies, in such a situation, what are the rights of the wife on his property? If you also want to know about this, then today through this news we are going to tell you about this. Let’s know –

It is stated in the Hindu Succession Act that after marriage, daughters-in-law are given very limited rights over the property of their in-laws. Due to this, daughters-in-law do not have much rights over the property of their mother-in-law and father-in-law.

According to the rules, if the mother-in-law and father-in-law die, then in this situation the husband has the right over their property. On the other hand, if unfortunately the husband and then the mother-in-law and father-in-law also die.

In this situation, the daughters-in-law get the right to the property. However, one condition for this is that the mother-in-law and father-in-law have not written anyone else’s name in their will. If they have written someone else’s name in the will, then the daughters-in-law may face difficulties in getting their rights to the property.

The Chhattisgarh High Court had given a verdict while hearing the case of maintenance of a Hindu widow. In this verdict, the court had said that if a Hindu widow is not able to live on her income or property, then in such a situation she can claim maintenance from her father-in-law.

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The post Property Rights of a Wife in Her Husband’s Property After His Death first appeared on Rightsofemployees.com.

Women’s right to property not only empowers them at the economic level but also helps them in taking family decisions. In the year 2005, by making major amendments in the Hindu Succession Rules, women were also given equal rights in ancestral property. This was an important step towards the social and economic development of India. However, there is often a lot of confusion about what rights have been given to women in property.

Many people have this question that can a husband sell his wife’s property without her permission? If you also want to know about this, then today we are going to tell you about this.

According to the rules, you cannot sell any property that is not in your name. On the other hand, if you want to sell the property registered in your wife’s name, then you need to take her permission for this.You cannot sell your wife’s property without her permission. At the same time, you should also know that the property on which your wife’s name is registered, she has the right over it. A man cannot sell this property without his wife’s permission.

On the other hand, if a property is bought in the name of husband and wife, then both husband and wife have equal rights on that property. It is important for you to know about these rights related to property.

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The post Property Rights: Can a husband sell his wife’s property without her permission? Know what the rule says first appeared on Rightsofemployees.com.

The Income Tax Department can confiscate a property under the Prohibition of Benami Property Transactions (PBPT) Act 1988 even in a situation when the real owner of that property is not identified. There are specific provisions in the law to deal with this situation. The tribunal related to the anti-benami law said this.

Revealed after Income Tax Department raid

The tribunal upheld the land property attachment order issued by the Lucknow unit of the Income Tax Department on November 26 last year. The matter came to light when the department raided the premises of three Lucknow-based realty groups. These groups had purchased large plots in the Kakori area with unaccounted cash.

No beneficial owner named

The Lucknow-based Benami Prohibition Unit (BPU) had issued an order to confiscate five lands worth more than Rs 3.47 crore in Kakori in October 2023. Apart from a benamidar, two companies and two individuals were named as stakeholders in this order. However, no beneficial owner was named.

Attachment of benami property by Income Tax Department

Usually when an attachment order is issued by the Income Tax Department, it contains the name of the benamidar and the beneficial owner, but in this case, the tribunal has partially confirmed the income tax attachment order, which includes property worth Rs 3.10 crore out of Rs 3.47 crore. In this case, Ravi Kumar, an office boy of a real estate company called Excella, has been identified as the benamidar.

Action against benami properties

This decision of the Income Tax Department Prohibition of Benami Property Transactions (PBPT) shows that the Income Tax Department has sufficient powers under the law to take action against benami properties even if the real owner is not identified.

The post Property Rights : Benami property can be confiscated even if the real owner is not known, important decision of the court first appeared on Rightsofemployees.com.

Today we will know here whether a married sister can claim her brother’s property. What are the circumstances in which a sister can claim her brother’s entire property? To know the answer to this question, it is very important to know about several important aspects.

Real estate advertising platform Housing quoted Lucknow-based lawyer Prabhanshu Mishra as saying that there are several rules regarding the share of sisters and daughters in property. According to the law, a parent can give all the property acquired from his earnings to his married daughter and in such a situation, his son i.e. the girl’s brother cannot do anything. However, in the case of ancestral property, the brother and sister have an equal share in their father’s property.

In this situation, the sister can claim the entire property of the brother, let’s know about this: According to the Hindu Succession (Amendment) Act, 2005, a married sister can claim the property or share of her brother only in certain circumstances. According to the law, if a person dies without writing a will and there are no class claimants like wife, son or daughter to claim his property. So in such a situation, the sister of that person (Class II claimant) can claim the property of her brother. In such a situation, the law of the country gives the sister the right to claim the property of her brother.

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The post Property rights: Can a married sister claim her brother’s property? Know what the law says here first appeared on Rightsofemployees.com.

Today we will know here whether a married sister can claim her brother’s property. What are the circumstances in which a sister can claim her brother’s entire property? To know the answer to this question, it is very important to know about several important aspects.

Real estate advertising platform Housing quoted Lucknow-based lawyer Prabhanshu Mishra as saying that there are several rules regarding the share of sisters and daughters in property. According to the law, a parent can give all the property acquired from his earnings to his married daughter and in such a situation, his son i.e. the girl’s brother cannot do anything. However, in the case of ancestral property, the brother and sister have an equal share in their father’s property.

In this situation, the sister can claim the entire property of the brother, let’s know about this: According to the Hindu Succession (Amendment) Act, 2005, a married sister can claim the property or share of her brother only in certain circumstances. According to the law, if a person dies without writing a will and there are no class claimants like wife, son or daughter to claim his property. So in such a situation, the sister of that person (Class II claimant) can claim the property of her brother. In such a situation, the law of the country gives the sister the right to claim the property of her brother.

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The post Property Rights: Can a married sister claim her brother’s property, know what the law says first appeared on Rightsofemployees.com.

Since independence, many constitutional rights have been given to empower women at the economic and social level. Apart from this, the central and state governments are also running many great schemes to move women forward towards self-employment. Often what constitutional rights have been given to women in ancestral property? There is a lot of confusion among people about this.

Many people in India call girls as Paraya Dhan. The reason for this is that daughters go to their husband’s house after marriage. In such a situation, many people often have this question that does a daughter have a right to her father’s property after marriage? If you also want to know about this topic, then today we are going to tell you about this. Let’s know –

According to the amendment made in the Hindu Succession Act in 2005, married daughters have also been given equal rights in their father’s property. Before 2005, daughters did not get rights in their father’s property after marriage.

However, these rules have been changed after the amendment made in the Hindu Succession Act in 2005. However, in some cases daughters do not get rights in the father’s property. If the father makes a will while he is alive and transfers the entire property in the name of the son, in such a situation the daughter cannot claim her rights in the father’s property.

A daughter has rights over her father’s property. However, she has the first right over her father’s self-earned property. Hence, the father can give that property to anyone as per his wish.

Apart from this, if any criminal case is registered on the father’s property, then in this situation also the daughter or any other member of the family cannot claim their rights on that property.

The post Property Rights: Does a daughter have a right on her father’s property after marriage? Know here first appeared on Rightsofemployees.com.

Now daughters also get equal rights as sons in ancestral and self-acquired property.

Hindu Succession Act and Amendment of 2005

The Hindu Succession Act 1956 was amended in 2005, which gave equal property rights to daughters. Earlier, daughters were deprived of property claims after marriage, but after the amendment, both married and unmarried daughters started getting equal share in their father’s property. Along with this, daughters can also become members and karta of Hindu Undivided Family ( HUF ).

Daughter’s right in ancestral property

Ancestral property is that which the father has inherited from his ancestors. The daughter gets the right to it by birth. This right remains even after marriage. The daughter has the right to sell, donate or demand partition of her share of the property.

Daughter’s right in self-acquired property

A daughter’s right on her father’s self-acquired property is entirely dependent on the father’s will. If the father dies without a will, then this property is divided equally among all the legal heirs. In this situation, the daughter is also considered a legal heir.

Rights of daughters after marriage

Even after marriage, daughters retain their rights over their father’s property. The 2005 amendment ensured that married daughters also get an equal share in the property.

Right to property after father’s death

After the demise of the father, if there is no will, the ancestral and self-acquired property is divided equally among all the legal heirs. Daughters are also equal partners as sons in this division.

Daughter’s rights in Muslim and Christian laws

Under Muslim law, daughters get half the share in property as compared to sons. However, Christian law provides equal rights to daughters.

Legal battle for daughters over property rights

If daughters are not given their rights, they can resort to court. In 2020, the Supreme Court gave a historic verdict that the rights of daughters will not depend on the date of survival or death of the father.

FAQs

1. Does a daughter’s right over property end after marriage?
2. No, a daughter’s right over her father’s property remains intact even after marriage.
3. Can a father pass on his property to just his son?
4. Yes, but this is possible only in case of self-acquired property.
5. Can a daughter demand division of property?
6. Yes, a daughter can demand division of her father’s property.
7. How much share does a daughter get under Muslim law? Under Muslim
8. law, a daughter is given half the share as compared to a son.

Changes in property rights in India have strengthened the rights of daughters. After the amendment of 2005, daughters are also considered to be equal to sons in property. This right applies from the birth of the daughter and remains even after marriage.

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The post Property Rights: Son and daughter have rights on father’s property, know the details of the law first appeared on Rightsofemployees.com.

Apart from this, women have also been given many constitutional rights so that they can become partners in the development of India along with men. India has been under a patriarchal structure for a long time. The tradition of dividing ancestral property from father to son has been going on for a long time. However, many things have changed in India after independence. Women have also got equal rights as men.

Often people are confused about how much right a daughter has in father’s property. If you also want to know about this question, then today we are going to tell you about this. Let’s know about it in detail –

Under the Hindu Succession Amendment Act 2005, daughters have been given equal rights in ancestral property. However, these rights will be given only to those daughters whose father died after September 9, 2005.

On the other hand, if the father dies without making a will, then the daughters as well as the sons will have equal rights over the property acquired by him.

Apart from this, after the daughter gets married, her marital status does not affect her right to her father’s property. Whereas under section 15(2) B, if a woman inherits property from her husband or her father-in-law, in this situation, in the absence of children, the property goes to the husband’s heirs.

On the other hand, if a daughter inherits property from her parents and she does not have children, then the property is given to the father’s heirs.

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The post Property Rights: What is the right of the daughter in her father’s property? know details first appeared on Rightsofemployees.com.

Especially if we talk about property rights, daughters are deprived of their rights. There are many misunderstandings about the rights of daughters on property. Today we will tell you what rights daughters have in property according to the law and under what circumstances they do not get rights in their father’s property.

How much ownership rights do daughters have on their father’s property?

In India, there has been hesitation in giving daughters their share in the property since the beginning. A big reason for this was that earlier there was no clear law on this. However, now laws have been made to ensure daughters their rights in the property. The Hindu Succession Act, implemented in 1956, was amended in 2005 to give daughters equal rights as sons in ancestral property.

This law was made in 1956 specifically for claims and rights on property. Under this, a daughter has the same rights on her father’s property as a son. In 2005, the Indian Parliament amended this Act and strengthened the rights of the daughter, so that there is no doubt about her right on her father’s property.

When daughters cannot claim father’s property

There are many situations where daughters do not get the right to claim their rights in the property. One of the main reasons for this is that the father transfers his entire property to his son before his death. In this situation, the daughter does not get any rights in the father’s property.

However, this applies only to the self-acquired property of the father. If the property has been received by the father from his ancestors, i.e. it is ancestral property, then the father cannot give it to anyone of his own free will. In this situation, both the daughter and the son have equal rights.

What is the provision in Indian law?

Women rights in ancestral property Under the Hindu Succession Act, there is a provision to give rights to the daughter also in the ancestral property, whereas in Muslim personal law also there is a provision to give rights to the daughter and other women of the family on the ancestral property. In Hindu succession also there was a provision for women to have property rights, but it was on the husband and her (husband’s) ancestral property, but at present this right is available on the father’s property also.

On 9 September 2005, Section 6 of the Hindu Succession Act, 1956 was amended to give equal rights to daughters in their father’s property. However, the condition under this is that if the father is alive as on 9 September 2005, only then will the daughter be entitled to the property.

Recently, on 11 August 2020, in a landmark judgment passed by a three-judge bench of the Hon’ble Supreme Court in the decision of Vineeta Sharma vs Rakesh Sharma (2020) SC 641, it was said that a daughter is entitled to her ancestral property by birth and whether the father is alive or not on the date of amendment is irrelevant.

The 2005 amendment in Section 6 of the Hindu Succession Act gives daughters rights in Hindu coparcenary property by birth, which can be claimed only from the date of amendment in 2005. It is worth noting that there is a progressive law on the question of the rights of a daughter as a coparcener and the specific reasons as to in which cases those rights can be successfully claimed also depend on certain factors.

This information was shared by Avnish Pandey (Practitioner, High Court Lucknow and LLM (Student), KMCAU, Lucknow) during a conversation with Prabhat Khabar.

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The post Property Rights: When can a daughter not claim her father’s property? first appeared on Rightsofemployees.com.

Due to increasing property disputes, it has become necessary to make people aware of the laws related to property and their rights. Earlier, many people were not aware of their property rights and their legal claims, which created confusion.

It is necessary to have correct information about the terms and rights related to property, because every party associated with it has its own legal rights. The topic we are discussing today is what are the legal rights of grandson on grandfather property. We will tell you in detail what rights a grandson has on grandfather’s property and what type of property he can legally claim.

Who has right over grandfather self-earned property?

The grandson has no legal right over the self-earned property of the grandfather. The grandfather can give this property to whomever he wants, be it a son, daughter, grandson or granddaughter. However, if the grandfather passes away without making a will, then his property will go to his primary legal heirs, such as wife, son and daughter. If the grandson’s father is alive, then the grandson will not get any share in the grandfather’s property. Only the grandfather’s wife, son and daughter will have legal rights over that property.

What is ancestral property?

Ancestral property is property which is inherited from ancestors. It is transferred from generation to generation, such as from great grandfather to grandfather, grandfather to father and then father to grandson. The rules of this property are different from self-acquired property, because it is a property that runs from one generation to the next.

What is the right of a grandson on ancestral property?

Talking about the legal rights on ancestral property (ancestral property law), the grandson has full rights over this type of property. If any kind of dispute arises, the grandson can go to the civil court for his rights on it. He is entitled to ancestral property just like his father or grandfather. This property gets transferred naturally in every generation.

(How can grandson get rights in grandfather property)

If any dispute arises regarding your rights in your grandfather’s property, it is necessary for the grandson to use the laws of ancestral property properly. In such a case, it is best to take the help of an experienced lawyer to acquire the property. This will not only save you from getting entangled in the complexities related to land or property dispute, but will also simplify the difficulties of the judicial process.

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If the man to whom the woman is married has any property purchased by him, will the wife have rights over it?

Husband Wife Property Rights : Every day new cases of property disputes come up in the courts of the country. You must have often read about disputes in land purchase and sale in the news. A question related to the purchase and sale of property is whether a husband can sell the property taken in the name of his wife without her consent. There is a lot of confusion in people’s minds about this. Let’s find out the answer to this question.

Moveable or immoveable property

Generally, the rule is that no person can sell any movable or immovable property which is not in his name. Now if we look at the case of husband and wife, the husband can sell the property taken in the name of his wife only if the wife allows. Even if the money to buy the property was paid by the husband. As an owner, only the wife can deal with her property in the manner she deems fit.

Wife’s rights

If the man to whom the woman is married has any property purchased by himself, then the wife cannot have rights over it. The rules are clear about this. He can sell his property or write a will. He has the rights over it. On the other hand, if the husband buys a property in the name of his wife, then in such a case the wife will have the right to save it or do anything. The husband cannot sell the property purchased in the name of his wife with his own money without the consent of the wife.

Bequest of property

If a person dies without writing a will for his self-acquired property, then that property goes to his mother and widowed wife. But this is possible only when the person has not given the right to his property to anyone in the will. If the person gives the right to the property to someone else in his will, then all the rights will go to the person whose name is written in the will.

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The property rights of a Hindu woman can be understood in two different time phases. One before 2005 and then after it. This will help you understand what were the property rights of a Hindu daughter before 2005 and after this year.

Daughter’s property rights before 2005

First of all, let us make it clear here that the Hindu Succession Act applies to Jains, Sikhs and Buddhists besides Hindus. Now let us talk about what used to happen before 2005. Actually, then the law recognized the men in the family as coparceners, there was no point in transferring property in the name of daughters born in the same family. Before 2005, all the daughters in the family were only members of a HUF, not coparceners.

Who was a coparcener under the Hindu Act 1956?

Under the Hindu Succession Law, the term coparcener refers to a person who acquires legal rights in his ancestral property by his birth in a HUF. As per the Hindu Succession Act, 1956, any person born in a HUF becomes a coparcener by birth. The rights of coparceners and members in the property of a HUF are different. Coparceners have the right to demand partition of the property and receive shares.

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It said that after marriage, the daughter will no longer be a member of the father’s HUF and if the property is divided, she will not be entitled to any share in the property.

Daughter’s right in property after 2005

Section 6 of the Hindu Succession Act, 1956, which deals with the rights of coparceners in HUF property, was amended in 2005. With this amendment, daughters were placed at par with sons, as far as coparcenary rights in HUF property are concerned. As a result, the daughter gets all the rights associated with coparceners, including the right to ask for partition of property and to become the karta of the HUF. The amendment came into effect on September 9, 2005. But there still remained confusion over the post-marital rights.

Rights of a married daughter

Under the Hindu Succession Amendment Act 2005, after marriage, the daughter will cease to be a member of her parents’ HUF but will continue to be a coparcener. Therefore, she is entitled to ask for partition of the HUF property and become the karta of the HUF, if she is the eldest coparcener of her father’s HUF.

Further even in the case of a married daughter who has died, her children are entitled to the shares which she would have received. If none of her children are alive on the day of partition, the grandchildren will be entitled to the shares which the daughter would have received on partition.

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Some say that daughters have no rights. Some say that daughters have equal rights. Different kinds of misconceptions are prevalent in society. In such a situation, the question arises that how much right does a daughter have to her father’s property? For your information, let us tell you that daughters have the same right on their father’s property as sons.

In our country, there is very little information about the rules related to daughters’ rights on their father’s property. Many women believe that they have nothing to do with this property.

What does the Hindu Succession Act say?

This law was made in 1956 to make provisions for claims and rights on property. According to this, a daughter has as much right on her father’s property as a son. To strengthen the rights of daughters, this inheritance law was amended in 2005. In which any doubt regarding the rights of a daughter on her father’s property was eliminated.

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When can a daughter not claim her father’s property

In the case of property earned from her own earnings, the daughter’s case becomes weak. If the father has bought land with his own money, built or bought a house, then he can give this property to whomever he wants. It is the father’s legal right to give his earned property to anyone of his choice. This means that if the father refuses to give the daughter a share in his property, then the daughter cannot do anything.

Married daughter’s right on father’s property

After the amendment of 2005, the daughter has been considered as equal heir. Now even after marriage, the daughter has the right over the property inherited by the father. No change has been made in this. That is, even after marriage, the daughter has the right over the property of her father.

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Delhi High Court has given an important decision regarding the rights of a Hindu widow on her husband’s property. The court has said that if a Hindu woman has no earning and her husband has died, then she can use her husband’s property for the rest of her life. But the court has also made it clear that if other heirs including the woman’s children claim the property, then the woman alone does not have the full right to sell that property or give it to someone else. In fact, in a case related to this, the husband (who died before the wife) had made a will, in which he had given his wife the right to use the property till his death and further told what would happen to the property later.

Judge Pratibha M Singh said, ‘If a Hindu woman has no earning, then the property inherited through the will made by her husband is very important for her financial security throughout her life. Especially when a woman cannot depend on her children after her husband passes away. In such a situation, the wife has every right to use the property throughout her life and also to enjoy the income from it. But, it cannot be assumed that the entire property is only for the maintenance of the wife and after the death of the husband, she gets full rights over the property.

What is the whole matter?

This matter was related to property dispute. The trial court had ruled that since the husband had written a will before he died, the wife became the sole owner of the property because she had lived there for 23 years. But, this decision was challenged because six children and one granddaughter of the deceased had also claimed the property. One side said that the property should be divided as per the will written by the deceased, while the other side was saying that since the mother has become the sole mistress, there should be a new distribution of the property.

The court said, ‘It is clearly written in the will that the wife has no right to sell the property, give it to anyone or give it to anyone else. In such a situation, it would be wrong to say that after the death of her husband, she became the owner of the entire property and could sell it. The court also said that before the death of the husband, the wife had no right on the property. He got these rights only through his will.

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This time has come the season of submitting investment proof in the office. Employees living on rent are submitting rent receipt along with investment proof. Along with this, rent agreement has to be submitted. Have you submitted this? If you have not deposited it yet then get it done quickly. Before getting this made, keep a few things in mind. Here we are mentioning those 5 things which are important to keep in mind.

When will the fare increase?

First of all decide how much rent you will pay every month. How much will the rent increase every year? If the annual increase is not mentioned in the document and the landlord will decide it in the coming few months, then this will be a better opportunity for you to negotiate. Generally, house rent increases by 10 percent every year. If it feels right to you then you can agree. The rental agreement is renewed after every 11 months. If the agreement is for more than 11 months then it is necessary to be registered.

You also need to understand the security deposit and its refund process in case of vacating the house. The condition for cancellation of the rental agreement is also written in this document. Notice period is also mentioned in it. It would be better if you also mention the mode of fare payment (cash, check or NEFT/RTGS/IMPS). This will save you from any dispute later.

What will happen if rent is paid late?

Check that there is no penalty for late payment of fare in the agreement. There should be a clear mention of the date of payment of rent. If any penalty is mentioned in the agreement, then you should try to pay the fare on time. Apart from this, you should also look at the electricity, water bills, house tax and facilities like gym, swimming pool, parking, club etc. and the payment for the same. Keep in mind that whatever charges you are paying are written in the agreement. Keep in mind what the previous maintenance charges were and whether the previous tenant has cleared all the bills or not. Before shifting to the house, meet the landlord and gather information about the past dues.

What should be checked in the house before making the rent agreement?

First inspect the house you are taking on rent to live in. Many people do not pay attention to small things, but it is important to see them. Check the walls, floor, paint, electrical items etc. Be sure to check whether the kitchen and bathroom fittings are in good condition or not. If something is bad or not right then definitely inform the landlord about it. Get it installed or repaired before shifting. The purpose of telling the landlord here is that you are not responsible for the damage.

If there is a need for repair and maintenance in the house, who will bear the expenses?

It should be clearly written in the agreement as to who is responsible for the regular maintenance and painting of the house. Once you shift into the house, there should be no dispute over it, so clear it beforehand. It contains many things ranging from old electrical wiring to taps and kitchen chimneys.

Also check that if any accident occurs, who will compensate for the damage caused to the house. There should be a clear mention in the agreement as to who is responsible for what type of loss. Also check whether the repair expenses will be deducted by you from the rent or the landlord will reimburse you.

Will you have to pay attention to other terms and conditions also?

Other terms and conditions are also written in the rent agreement. Therefore, read the rent agreement carefully. Check to see if there is anything else you need to know. Many landlords also mention restrictions on keeping pets or eating non-veg food along with coming late to the society in the rent agreement.

Also keep in mind whether the deal with the house you are taking on rent is with your landlord or someone else is involved in it. Verify documents like sale deed. Along with this, if it is necessary to take NOC from the housing society, then complete that process also. Also get it written down that what will be the procedure if the landlord wants to vacate the house in the middle of the agreement period.

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After marriage, the woman leaves her parents, siblings and family and lives in her in-laws’ house. This is the reason that socially and legally, women are given some rights after marriage. But today in this article we will try to know whether just by getting married a woman becomes equally entitled to a man’s property?

These rules are very important

According to Indian law, the wife has no right on her self-acquired property while the husband is alive. Only after the death of the husband, his wife will have the right in the property, but if the husband has written a will before his death, then the rights to the property will be decided on the basis of that. That is, if the wife’s name is not there in the will, then she will not get any right in that property.

Whereas, according to the rules, in case of divorce or separation from the husband, the woman has the right to receive only alimony from her husband. That is, it is clear that upon separation, she cannot claim rights from her husband’s property.

Chhattisgarh High Court, while hearing a case regarding the maintenance of a Hindu widow, had given a very important decision. While giving the verdict in this, the court had said that if the Hindu widow is not able to survive from her income or property. In such a situation, she can claim maintenance from her father-in-law.

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People have many questions in their minds regarding property. Especially when the property belongs to the father or father-in-law. Who can claim ownership of a property. It is very important to know this. The rules of law are also being updated with time. In such a situation, people have less knowledge about the laws related to property. Property disputes arise due to confusion and incomplete information.

The Security Act gave women the right to live at home with their husbands. This right is in addition to a woman’s right to maintenance and protection from mental and physical violence. Wife’s rights in husband’s property is a big issue. Let us know today what rights the daughter-in-law has in the property of her husband and father-in-law. What are the legal provisions related to this?

What is the legal provision?

The person to whom the woman is married. If he has any property of his own, the rules for this are clear. A person is the owner of a property. Be it land, house, jewelry or anything. Only he has the right on it. He can sell, mortgage or donate his property. All rights in this regard are reserved with him.

Daughter-in-law’s right on mother-in-law’s property

The daughter-in-law has no right on the property of her mother-in-law and father-in-law. Neither during his lifetime nor after his death, the woman can claim the property. On the death of the mother-in-law and father-in-law, the husband gets the right to the property.

However, first the husband and then the mother-in-law and father-in-law died. In such a situation the woman gets the right to property. For this, it is important that the mother-in-law and father-in-law have not transferred the will in anyone else’s name. Not only this, even the son cannot live in his parents’ house without their permission. The son cannot claim to live in their house even with the help of law.

Wife’s property rights on husband’s death

When a person dies without writing a will regarding his property. The law is clear regarding rights over his property. In this situation, the property of the person goes to the mother and widowed wife. However, it is important that the person has not given rights to anyone else in the will.

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Children get rights in the property of parents. But what will happen to those children who are adopted (Property Rights of Adopted Child). Do they get the right in the property or not? Many questions arise in the minds of people regarding this. Under the Hindu Succession Act, as soon as the child is born, they become partners in the property. Many times adopted children are not fully aware of their rights. Because of which if the parents die, then these children have to face many problems.

The law has given the rights, after the death of the parents many times the relatives harass the adopted children. Don’t treat those kids well. That’s why rules have been made for these children in the law. So that they get their rights. The rights of the adopted child are also similar to the rights of the children born in that family.

The Hindu Succession Act applies to people of Hindu, Buddhist, Sikh and Jain religions. In which both the boy and the girl have been given equal rights in the property. When the legal process of adoption of a child is completed, then after that that child gets all the rights. He also becomes possessor in the property.

If the will is ready?

If the parents do not make any will and they die then all the children are given equal rights. That is, they will get equal rights in the parents’ earned property and ancestral property.

Rights in the family in which you were born?

This question may also come in the mind of the people that if the child is adopted by some other family then he will get the right in the property in the family in which he is born? This can happen only when the parent leaves the property in the will in the name of that child. The children who are adopted do not have any right on the property of the family in which they are born.

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People often do not have the legal understanding and knowledge of the rules regarding rights and claims on property. It is very important to have correct information regarding the rules and rights related to property. All the parties involved have their own legal claims. One such aspect is related to the grandson’s rights on the grandfather’s property. In this article, we will tell what rights the grandson has on his grandfather’s property and which property he can legally claim –

No legal right on self acquired property

The grandson does not have legal rights over the grandfather’s self-acquired property. Grandfather can give his self-acquired property to any person he wants.

If the grandfather dies without making a will, then his property will go to his immediate or first priority legal heirs like wife, son and daughter, who will get legal rights over that property. If the grandson’s father is alive then he cannot claim any share in the grandfather’s property.

Rights on ancestral property

The grandson has a legal right on the ancestral property. In case of any dispute regarding this, he can go to the civil court. He is entitled to this property in the same way as his father or grandfather is entitled to the ancestral property inherited from his ancestors.

About ancestral property

The property which is inherited from one’s ancestors is called ancestral property. Like from great grandfather to grandfather, from grandfather to father and then from father to grandson. The rules regarding this property are different from self-acquired property.

It would be better to seek the help of a lawyer

If the grandson has a valid legal claim on the ancestral property, it would be better for him to take the help of a professional lawyer to get the property. With this, you will not only avoid getting trapped in complications related to land or property disputes, you will also be able to avoid the intricacies of the judicial process.

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People often do not have the legal understanding and knowledge of the rules regarding rights and claims on property. It is very important to have correct information regarding the rules and rights related to property. All the parties involved have their own legal claims. One such aspect is related to the grandson’s rights on the grandfather’s property. In this article, we will tell what rights the grandson has on his grandfather’s property and which property he can legally claim –

No legal right on self acquired property

The grandson does not have legal rights over the grandfather’s self-acquired property. Grandfather can give his self-acquired property to any person he wants.

If the grandfather dies without making a will, then his property will go to his immediate or first priority legal heirs like wife, son and daughter, who will get legal rights over that property. If the grandson’s father is alive then he cannot claim any share in the grandfather’s property.

Rights on ancestral property

The grandson has a legal right on the ancestral property. In case of any dispute regarding this, he can go to the civil court. He is entitled to this property in the same way as his father or grandfather is entitled to the ancestral property inherited from his ancestors.

About ancestral property

The property which is inherited from one’s ancestors is called ancestral property. Like from great grandfather to grandfather, from grandfather to father and then from father to grandson. The rules regarding this property are different from self-acquired property.

It would be better to seek the help of a lawyer

If the grandson has a valid legal claim on the ancestral property, it would be better for him to take the help of a professional lawyer to get the property. With this, you will not only avoid getting trapped in complications related to land or property disputes, you will also be able to avoid the intricacies of the judicial process.

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Not only this, many provisions have also been made in the Indian Constitution regarding women’s rights. This is a big reason, due to which women in the country are moving forward on various fronts. Same thing when it comes to property rights related to women.

In such a situation, many women have a lot of confusion regarding this. Many people believe that women also have full rights in their husband’s property after marriage. However, this is not completely true. In this series, let us know what rights a wife gets in her husband’s property after marriage?

Let us tell you that if a woman’s husband dies. In such a situation, the woman does not have any right over her husband’s ancestral property. It is worth noting that after the death of the husband, the in-laws cannot throw the wife out of the house.

During this period, the in-laws have to pay maintenance to the woman. The court decides the maintenance amount considering the financial condition of the woman. Whereas if the woman has children. In such a situation, the father’s share of the property goes to his children.

Whereas if a widow woman marries another person. In this situation, he gets maintenance from his in-laws. He stops. Whereas if the husband has earned the property by himself. Both the child and the mother have rights over it. You must know about these property rights related to women.

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At the same time, what rights have been given to women in property. There is often a lot of confusion about this. You must be aware that by amending the Hindu Succession Act 2005, daughters were also given equal rights in father’s property. In such a situation, both the son and the daughter have equal rights in the father’s property.

At the same time, do you know that after the death of the husband, how much right does the wife have in his property? If you do not know about this, then today we are going to tell you about it through this news. Let’s know –

The Hindu Succession Act clearly mentions that daughters-in-law are given very little rights in the property of the in-laws. In such a situation, the rights of daughters-in-law on the property of mother-in-law and father-in-law are very less.

The daughter-in-law has no right over the property of the mother-in-law and father-in-law under the Hindu succession law. There the mother-in-law and father-in-law die. In such a situation the husband has the right over her property.

Wherein the husband and after that if the mother-in-law and father-in-law die. In this situation the daughter-in-law gets the right over the property. However, for this it is necessary that the mother-in-law and father-in-law should not have written anyone else’s name on the will of the property.

In the matter of maintenance of a Hindu widow, the Chhattisgarh High Court had given a very important decision while hearing a case. While giving the verdict in this, the court had said that if the Hindu widow is not able to live with her income or property. In such a situation, she can claim her maintenance from her father-in-law.

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Somewhere it is said that the daughter has no rights. Somewhere it is said that the daughter has the right to equality. Different types of misconceptions are spread in the society. In such a situation, the question arises that after all, how much right does the daughter have in the father’s property? For your information, let us tell you that like a son, daughters also have the right on the father’s property.

In our country, very little is known about the rules related to the rights of daughters on father’s property. Many women assume that they have nothing to do with this property.

What does the Hindu Succession Law say?

This Act was enacted in 1956 for the provisions of claim and rights on property. According to this, the daughter has as much right on the father’s property as the son. This succession law was changed in 2005, consolidating the rights of daughters. In which any doubt about the rights of the daughter on the property of the father was removed.

When daughter cannot claim on father’s property

The daughter’s side becomes weak in terms of property created by her earnings. If the father has bought the land with his own money. If he has built or bought a house, then he can give this property to whomever he wants. It is the legal right of the father to give his earned property to anyone of his own free will. It means to say that if the father refuses to give the daughter a share in his own property, then the daughter cannot do anything.

Married daughter’s right on father’s property

After the amendment of 2005, the daughter has been considered as the heir i.e. equal heir. Now even after the daughter’s marriage, the father has the right to inherit the property. No changes have been made to it. That is, even after marriage, the daughter has the right over the father’s property.

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