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venkat b. (owner)     14 June 2016

Property rights for daughters

sir, My friend is having three daughters and no sons. His elder daughter is not willing for arranged marriage and she wants to be independent. With this situation in view , please provide the legal rights of daughters over her mother and fathers property. And what is the legal document required to safegaurd the parents own earned property from children who are majors and unmarried. Thanking you in advance. they reside in andhra pradesh. 

v s batchu.



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 7 Replies

G.L.N. Prasad (Retired employee.)     14 June 2016

The entire rights of self earned property rests with such earners and they may deal with them according to them, and those can not be inherited during life time.  A proper will duly registered ensures insulation against such likely litigation.  The will has to be drafted by an expert advocate to avoid legal complications in futue.

Venkat garu, the rights to the property are only on ancestral properties, and those properties which are not reduced in a will.  Darini poye danayyakayina evva vachhu chattaprakaram.  Kadani cheppe hakku chattam evariki evvaledu.

venkat b. (owner)     14 June 2016

Respected Sir,

Thanks for your kind information regarding my query. Moreover, I understand that nothing can stop claiming for the ancestral property by the children irrespective of the their attitute towards parents.

With regards.

venkat.

Kumar Doab (FIN)     14 June 2016

The personal law applicable to owners of the estate is referred to while deciding inheritance.

What is personl faith of father and mother e.g Hindu?

Generically speaking;The owner can dispose their property/estate by a valid and registered deed in his/her life time e.g Gift/sale/mortgage/relinquishment/release/transfer/WILL etc............

It is better to register the WILL.

 

It is entirely the prerogative of the owner; father/mother to grant/decline the share however the matter may be given a second thought. They may inquire about the boy/family whom the daughter wants to marry and apply their wisdom to resolve the matter amicably.

 

The decision to deprive the daughter from any share seems to be harsh.

If the property is ancestral the daughters may succeed to claim partition.

 

 

 

 

 

P. Venu (Advocate)     14 June 2016

True, the children have no vested right right to inherit the self-earned property of the parents. However, it is too hasty for the parent to scheme to disinherit the child just because he/she dies not abide by their diktats in selecting the life-partner. Life is far more complex and important to swayed by the likes and disloles of the moment.  

G.L.N. Prasad (Retired employee.)     14 June 2016

"nothing can stop claiming for the ancestral property by the children irrespective of the their attitute towards parents."

True.  But at the same time, law has imposed certain duties and responsibilities to children, whether there is ancestral property or not.

This new query is entirely different from your first query in which you confirmed that it was self acquired by parents.  In one post, please confine to one subject for better understanding of the issue.

venkat b. (owner)     15 June 2016

Respected Sirs,

                         First, let me convey that I shall restrict to one issue at a time as advised.

With a view to avoid misjudgements about my friends situation, I hereby sincerely convey that he is only apprehensive about the intention of the unknown relations with regard financial matters and to safeguard himself & two other younger daughters socio economical impact. Whereas he had given open option for the elder daughter to lead her life in her own way knowing uphill task ahead with the rest of the family.

At this point, Once again I thank for all the inputs given to friend through me.

With regards to LCI.

Jai Hind.

 

Kumar Doab (FIN)     15 June 2016

Gossip, rumor, hearsay can lead to apprehensions.

These may not neccessarily be true.

Apply your wisdom and resources to come close to facts and truth.

The harsh decsision without due consideration can leave a deep impact on mind and soul of parents and daughter.

As far as legalities of self acquired/ancestral property is concerned it has been duly replied.

 

Rest is upto you.


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