PARTITION - RIGHT OF MARRIED DAUGHTER
rajendra
(Querist) 16 September 2008
This query is : Resolved
I WOMAN GOT MARRIE IN THE YEAR 1991 & GOT DIVORCE IN 1991.
AGAIN SHE MARRIED IN THE YEAR 2004
CAN SEE ASK PARTITION IN HER PARENTS PROPERTY?
PARENTS ARE ALIVE?
HOW MUCH SHE WILL GET?
G. ARAVINTHAN
(Expert) 16 September 2008
How can she ask partition in her parents property?
details not sufficient
In case of Ancestral property, she can get her share at any time.
In case of self acquired property of the parents or settled by ancesters, she cannot claim from them.
G. ARAVINTHAN
(Expert) 16 September 2008
How can she ask partition in her parents property?
details not sufficient
In case of Ancestral property, she can get her share at any time.
In case of self acquired property of the parents or settled by ancesters, she cannot claim from them.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 17 September 2008
first of all tell me where the property is situated & whether the property is under residential area or agricultural land. As there are the local laws which are different state by state.
Although as a common law I do agree with Mr. Aravinthan Ganesan.
For further query u can contact at:
rakhibudhiraja@gmail.com
Mb.-9871158578, 9711364956
Rajesh Kumar
(Expert) 17 September 2008
If it is a joint family property, she cannot seek partition. Further she is married, she does not have even a right of maintainance.
Further, now a days probably no property is a joint hindu family property in the true sense of the words (there can be some exceptions). Now if the parents property is their individual property, there is no question of partition- the absolute owners can will it to anybody.
Yes, if somebody dies intestate, she will succeed as per the law.
Rajesh Kumar
(Expert) 17 September 2008
If it is a joint family property, she cannot seek partition. Further she is married, she does not have even a right of maintainance.
Further, now a days probably no property is a joint hindu family property in the true sense of the words (there can be some exceptions). Now if the parents property is their individual property, there is no question of partition- the absolute owners can will it to anybody.
Yes, if somebody dies intestate, she will succeed as per the law.
Srinivas.B.S.S.T
(Expert) 17 September 2008
she will get a share if the head of the family died intestate but she cannot insist upon partition of the property.
Guest
(Expert) 17 September 2008
I am also of the view of Srinivas, Cannot demand partition, but if there is a partition, her share will have to be considered.
Adv.Shine Thomas
(Expert) 17 September 2008
I also agree with Mr.Srinivas.She cannot demand partition.
arunprakaash.m.
(Expert) 18 September 2008
She can ask partition of the ancestral properties provided if there is no partition has been prior to oct 2004. Except dewelling house.
ARVIND JAIN
(Expert) 22 September 2008
But the question of her share in ancestral property will arise only at the death of his father after the amendment in law.In his life time she cant claim partition.
