Son Right in Ancestral Property😱🔥|Daughter Right in Ancestral Property|New Law On Ancestral Property
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Except The Judgment Facts Some Property Related Laws Are Given Under:-
Son & Daughter Right in Ancestral Property in india.
In India, the right of a son in his father's property depends on various factors, including the religion and the nature of the property. Here are some key points to consider:
Hindu Succession Act, 1956: Under the Hindu Succession Act, the property of a Hindu male, whether acquired by way of inheritance, gift, purchase, or ancestral, is generally classified into two categories: ancestral property and self-acquired property.
a. Ancestral Property: An ancestral property is one that has been passed down from one's paternal ancestors. Sons have an equal share in ancestral property. In the case of ancestral property, the son has a legal right to a share, and this right is by birth.
b. Self-acquired Property: Self-acquired property is the one acquired by the father through his own efforts and not inherited from his ancestors. In the case of self-acquired property, the father can decide how to distribute the property among his legal heirs, including sons, through a will or other legal means.
Mitakshara and Dayabhaga Schools: There are two main schools of Hindu law: Mitakshara and Dayabhaga. The Mitakshara school follows a system of coparcenary property and provides sons with a right by birth in ancestral property. The Dayabhaga school doesn't recognize this right by birth.
Equal Right for Daughters: It's important to note that the Hindu Succession (Amendment) Act, 2005, brought about significant changes to the Hindu Succession Act, granting daughters equal rights in ancestral property. Prior to this amendment, daughters did not have equal rights, but now they do.
Other Religions: Different rules may apply to individuals belonging to religions other than Hinduism. For example, Muslims have their own laws governing succession, and Christians are governed by the Indian Succession Act, 1925.
Partition: In case of disputes over the division of property, family members can seek partition of the property through legal means. Partition can be done by mutual agreement or through a court order.
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