Ancestor property
ravi
(Querist) 09 September 2013
This query is : Resolved
GD evening sir I'm my name is prema and iam aged around 60 yrs. My father has self acquired property and bt my brothers are claiming that that is joint family property and we have made this property by doing business.bt actual buissness set up was done by my father after few years he had handed over the business to my brother and they are not staying with my father they are separated in the year 1985 bt now they are claiming that they have earned this property when they war joint so u don't have any rites on this property . My age is now 60 and I am 1953 born female. So do I have rite on my father property
Advocate M.Bhadra
(Expert) 09 September 2013
The property rights of women under the Hindu law :-There are four stages here, pre-1937, 1937-1956, 1956-2005 and post-2005.
Prior to 1937 when there was no codified law. The Hindu Women’s Right to Property Act, 1937 was one of the most important enactment that brought about changes to give better rights to women.
In the year 1956 Hindu Succession Act, introduced many reforms and it abolished completely the essential principle that runs through the estate inherited by a female heir, that she takes only a limited estate. The Supreme Court put a lot of controversy at rest by holding that the woman becomes the absolute owner under Section-14 of the Hindu Succession Act, 1956. The object of Section 14 is two-fold provision. Any property acquired under the 1937 Act held in capacity of a limited owner was now converted to her absolute estate. The Hindu Succession Act, 1956 abrogates all the rules of the law of succession hitherto applicable to Hindus whether by virtue of any text or rule of Hindu law.
Section 8 of the Hindu Succession Act, 1956 the property of a male Hindu dying intestate (that is, without leaving any testamentary instrument like will, settlement etc.,) shall devolve on his son, daughter, widow, mother, son of a predeceased son, daughter of a predeceased son, son of a predeceased daughter, daughter of a predeceased daughter, widow of a predeceased son, son of a predeceased son of a predeceased son, daughter of a predeceased son of a predeceased son, widow of a predeceased son of a predeceased son. Thus female heirs were granted property rights in the estate of the deceased male Hindu.
But this formula got now changed after passing of 2005 amendment act giving equal right to married daughters in ancestral coparcenary property upheld in recent SC Judgment.
Under Section 23 of the Hindu Succession Act, 1956, where a Hindu intestate has left surviving him or her both male and female heirs and his or her property includes a dwelling house, wholly occupied by members of his or her family, the right of any such female heir to claim partition of the dwelling house shall not arise until the male heirs choose to divide their respective share therein; but the female heir shall be entitled to a right of residence therein; Provided that where such female heir is a daughter, she shall be entitled to a right of residence in the dwelling-house only if she is unmarried or has been deserted by, or has separated from, her husband or is a widow. The sec 23 got deleted in 2005 modified act and married daughters irrespective of their marital status could demand partition of dwelling house at any stage.
R.K Nanda
(Expert) 09 September 2013
nothing to add more.
