News India Live, Digital Desk: Property Rights: This is a question that often becomes a topic of discussion in Indian society. The law consists of many complications, and recently a High Court verdict has put a new light on the subject. This is not just a legal question, but a confluence of emotions, traditions and rights.
The Punjab and Haryana High Court has said in an important judgment that if a married daughter wants her father’s self-interacted property, it will depend on certain circumstances. The court emphasized that the daughter’s authority is mainly as long as she depends on her father or her part in the ancestral property.
So does the daughter’s right end after marriage?
The court said in its judgment that if the daughter gets married and she goes to her husband’s house, she can lose her right over her father’s self-abusive property. This is because after marriage she becomes part of her in -laws family and her dependence on that property ends. According to the court, in such a situation, the daughter’s claim on the father’s self-abusive property may weaken.
It is important to understand-Self-Arjit vs. ancestral property:
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Self-Acquired Property: This is the property that the father has bought or made himself with his earnings or efforts. The father has full authority over this and he can give this property to anyone on his own free will, through a will.
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Ancestral Property: This is the property that has been in the family for four generations. After the amendment of the Hindu Succession Act, 2005, the ancestral property has the right of daughters from equal birth, whether they are married or not.
What does Hindu Succession Act 2005 say?
Let us tell you that after the amendment of the Hindu Succession Act, 2005, the daughters have equal rights to the sons along with the ancestral property as well as the father’s self-abode, if the father has died without a will. This special decision of the High Court presents a specific interpretation in the context of ‘dependency’ and ‘self-abusive assets’, but it does not completely deny the broad provisions of the law.
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