UP News: Daughters have as much right on their parents' property as sons. Whether he is married or not. But when daughters talk about their rights over property, brothers often refuse to give it to them. What should I do when my maternal uncle is refusing to give me a share in my maternal grandfather's property? Readers regularly write to our partner newspaper ET Wales about their problems, which are answered by experts. Haq Ki Baat (Haq Ki Baat) series today discusses some questions including the daughter's right to the father's property.
Question- Can my maternal uncle deny my mother a share in her father's property because it was spent on her marriage and hence he has no claim?
Answer- If your father died without a will, then all his Class 1 legal heirs including his mother, maternal uncle, and maternal grandmother will get an equal share in his property. His rights to your mother's property do not affect what was spent on her wedding or gifts given. According to the Hindu Succession (Amendment) Act, of 2005, a daughter has the same right to her father's property as a son. This is why your mother can claim her father's property.
Question- I lost my job two years ago after Corona and since then I have not got any new job. I live with my parents, but they no longer want to support me financially. I should leave the house, he says. My parents own two properties and their financial condition is good, but they are not giving me share in these properties. I also have an elder brother, who lives separately and is financially capable. Can I claim my father's self-acquired property?
Answer- Let us assume that your father is a Hindu and his property is not ancestral from his own money, but self-acquired. In such a situation, you cannot claim their self-acquired property till they are alive. Additionally, whether you want it or not, they can give these assets to anyone through a will. You can claim these properties as a Class-1 legal heir if your father dies without a will. If your father dies and does not write any will, you, your elder brother, and your mother are his supreme legal heirs on these properties.
Question- I am going to get married after three years of my marriage. The divorce is still ongoing. Now my husband is pressurizing me to return the jewelry, cash, and other gifts received during the marriage. Do these gifts received by me on my wedding day come under the purview of my stridhan or not? Do I have to get it back before getting a divorce?
Answer- No, there is no need to return the gift received during the wedding. Stridhan is the gift you receive from your parents, family, and friends at the time of marriage. Your husband has no claim on them and there is no need for you to return them.
The gifts received by a girl during marriage are called stridhan. Apart from this, furniture, TVs, fridges,s and other appliances shared by boys and girls also come under the purview of Stridhan. The girl herself is the authority on this. Whatever gift a woman receives during all the rituals and ceremonies related to marriage, whether it is movable or immovable property or any other gift, the woman has the right over it. This means that gifts or favors received on engagements, baby showers, wedding processions, birth of children, or other occasions will come under Stridhan.
Stridhan, whether it is in the custody of husband or in-laws, belongs to a woman only. If a mother-in-law has property inherited from her daughter-in-law and she dies without a will, then only the daughter-in-law has the legal right over that money, not the son or any other member of the family.
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