• Property dispute matter

Daughter has done love marriage due to which parents died (fir not filed),now she is claiming her partition .
Pls share the supreme court verdict wherein son/daughter has to abide with the moral responsibility towards parents for claiming his/her part
Asked 3 years ago in Property Law
Religion: Hindu

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15 Answers

On father demise his self acquired property would devolve on Son and  daughter equally 

they can file suit for partition for division of property by metes and bounds 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7537 Consultations

5.0 on 5.0

No need for judgement you can cite the 2005 amendment of HSA which speaks a out rights with corresponding liability. But moral liabilities may not be considered by court for monetary share. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Daughter has the right in property as she is not termed legally guilty for parent's death nor any such charges are levied against her.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

You will not get any judgment from high court or supreme court denying the rights of the daughters out of her deceased father's proeprty.

If her parents died due to her decision to marry someone against their desire, it is their problem, no FIR can hold them guilty of any offence because it is not an offence to marry someone against the parents wishes or willingness. 

The daughter is entitled to her rightful share out of her deceased father's property, which neither you nor the law can deny or deprive.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

- As per Delhi High Court ,a woman cannot have the right to stay at the property of her in-laws if she mistreats them. 

- Further , Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, entitled a senior citizen to seek eviction of his son, daughter or his legal heirs on account of ill-treatment but excluded the daughter-in-law.

- Further as per the Punjab & Haryana High Court, property transferred to a son or daughter can be revoked in case such parents find themselves being harassed by them, and even without putting a condition in the property transfer deed, they can revoke.

- Further , the Bombay High Court declared that , if children cannot take care of their parents and allow them to live in peace, they atleast ought not to make their life a living hell.

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

No need of Apex Court precedence 

Hindu Succession Act provides Succession rights to legal heirs of Hindu deceased.

You may go for Succession certificate or partition suit as per your convenient shedule and time for the distribution of shares of property amongst legal heirs. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

No such law. Only excemption available is person who commits murder or abets the commission of murder shall be disqualified from inheriting the property.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Every adult person has liberty and rights to marry person of his choice. 

If anyone including his parents can not tolerate this then it's not the problem of the child. 

Now if his/her parents die intestate then the children have equal rights with other siblings. 

Therefore I regret that decisions you are looking for doesn't exist. 

 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Dear Sir, 

However the matter is grievous and related to emotions, there are no such law/orders denying the daughter the said right.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

The daughter has legal right on the property and she can claim the same. As per Indian law, Love marriage is not immoral and in property law daughter as an individual has her right her marriage plays no role. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Merely because the daughter has done love marriage she cannot be excluded from her share in the property. If the parents have died without any will, she is entitled to a share in the property according to Hindu Succession Act

There is no such judgment that you are looking for.

In fact contrary to it, there are several judgments which state that a girl has a right to marry a person of her choice against the wishes the father.  

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

1. TILL Parents conduct "disown children" legal proceedings in the local Civil Court, ALL the children shall have EQUAL rights on parents property, provided parents die intestate (without any WILL).

2. IF parents had executed a will document, THEN their property would have to be distributed according to the clauses of the WILL. 

3. Above is irrespective of destructive or non-cooperative behavior of children.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

 

if father died intestate daughter can claim her equal share. daughter can file a partition suit before competent court. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Moral responsibility cannot be translated as legal responsibility. Even if she did love marriage she didn't kill her parents and hence she can demand her share although it is highly unethical and immoral on her part.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Contact lawyer individually for judgements 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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