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Married daughter's rights over mother personal property

(Querist) 21 September 2012 This query is : Resolved 
Dear Sir/Madam,

My Query is:
I am 40 years old, married in 1994 Feb, My father gifted some property to My mother, Now, being the married daughter, what rights I have over my mothers personal property.
I am planing to take divorce with my husband, after divorce, would be the divorced daughter, what rights I have over parents property.
Thanks in advance.
early reply is appreciated.
AS.
Guest (Expert) 21 September 2012
During the lifetime of your mother you have no rights over the property gifted to her by your father. If your mother chooses to make a will in favour of someone else during her lifetime, you will cease to have any right over the property. Only in the event of her dying intestate you will have an equal share in the property along with the other legal heirs of your mother.

The same goes with the self earned property of your father.


Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court
Guest (Expert) 21 September 2012
There is no question of unmarried, married, or divorsed daughter, the law applies equally, as expressed by Shri Ashish Devessar.
ajay sethi (Expert) 21 September 2012
agree with experts
J K Agrawal (Expert) 21 September 2012
You have a right to live in house of your father or brother under Domestic Violence Act.

Further you have rights in the property left by your grand father or Grand Mother if they died without a will.

Prashant Kumar Jha (Expert) 21 September 2012
New amendments made brother & sister equal rights in ancestral property
Prashant Kumar Jha (Expert) 21 September 2012
New amendments made brother & sister equal rights in ancestral property
V R SHROFF (Expert) 21 September 2012
You have equal right, independent of your marital status.
K.K.Ganguly (Expert) 22 September 2012
Irrespective of your matrimonial status, you will get equal share of your mother's property if she has died intestate.


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