Father can die without will, can daughter claim property?, If the father died without a will then he will be equally distributed among all the legal heirs.
Sangeeta’s father left the world in 2004 without making a will. He has a brother. Can she claim on the father’s property or will it go to her only brother?
According to the recent decision of the Supreme Court, if the father’s death is done without a will, then he will be equally distributed among all the heirs. It does not matter whether he was alive in 2005 or not. In 2005 there was a change in the Hindu Marriage Act 1956. Since Sangeeta is the legal heir. So she can claim in father’s property. He has as much right as his brother in this property.
Come, now let’s take the question of boundary.
After seven years of marriage, Seema recently decided to divorce her husband. The case is pending in court. She is living separately with her three-year-old child. While living with her husband, she did not do any job. In such a situation, there is no way for his income. Is she entitled to financial assistance from her husband till divorce?
According to the law, a spouse who cannot bear his or her expenses during the divorce process is entitled to interim alimony. This is different from maintenance or final settlement after divorce. Judges give decisions on interim maintenance which depends on the financial condition of both the spouses.
Let us know the problem of Mohini.
Mohini’s father passed away in 2012 without a will. He has left two residential properties behind him. Both these properties are built and bought by him. Mohini is married. He has two brothers. Both are married. Mother says that Mohini has no right to the property due to being married. Shouldn’t this property be shared equally between Mohini and the two brothers?
According to the Hindu Marriage Act 2005, daughters have the same rights over their father’s property as sons. If the father died without a will then he will be equally distributed among all the legal heirs. Being married or not has nothing to do with property rights. In such a situation, Mohini, being the legal heir, has the same right as the brothers on the property. It does not matter what his mother says.
Wife has legal right to know husband’s salary
Meena’s husband does not share salary and any other financial transactions with her. Meena has no idea about where her husband spends and where he has invested. When Meena raises this matter, the husband-wife quarrel begins. She has a child and she is not even working now. Meena has to repeatedly ask her husband for her personal and home needs. What should they do in such a situation?
As a married woman, Meena has the legal right to eat, dress, live and other basic things for herself and her children. In such a situation, Meena does not need to beg for this because she has got this right with the law. As per the order of Madhya Pradesh High Court 2018, Meena also has the right to know her husband’s salary as a wife.
Meena can talk to her husband about this. She can explain that if something untoward happens, this information is needed. If the husband is not willing to do this, then he can seek the help of a mediator or financial planner. They can tell them about the importance of sharing economic issues between husband and wife. Meena can also show that if she is ready to fulfill her economic responsibilities.
They should also try to get a job so that they can become financially independent. This will end dependence on the husband to fulfill the needs and desires. However, for this Meena will also need the support of her family as she has children.
Come, let’s take the question of Mita.
Mita has two elder brothers. They are refusing to give him a share in the father’s property. The brothers say that they are married, so they have no right in the father’s property. Does he have the right to claim his father’s property?
Assuming that Mita’s father has died without a will and that he has bought the property himself, in that sense, he has as much rights as the brothers on the property. Whether it is married or not, it does not matter. She can take an equal share in the property.
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