Pramod Uchitkar (TC) 29 May 2013

Daughter right in father's property

Dear Sir,

One girl has married in Intercast Love marriage before 5 years. But yet she did not have any baby and her husband not taken care of any treatment. She is alone and her Father & Mother and other family member is not supporting her anyway and even no one is going to meet her due to intercast love marriage.

Now she is engage in Love with other person who is supporting her and taking care of her needs, but she can't live without this new person as she spoken. but she having fear of her present husband because he is doing daily body torture and s*xual harrasment without permession..

In this case if she want to get rid off with her present husband to marry new one what she have to do.

And after divorce with her present husband and marry with new one who is also belong from other cast, she's having complete right in her father's property.

Pls suggest.

Thanks..

Pramod

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2 Replies

Hemang (Advocate) 29 May 2013

If the father has got self acquired property, the said property can be willed away to any preferred beneciary. The father may not give the same, or even part thereof to his daughter. However, if it is a joint Hindu family property, and the property is not partitioned so far, the daughter will get the share in view of the newly commenced amendment under the succession Act in the year 2005.