WHAT IS THE SHARE OF A DAUGHTER IN HER FATHER'S PROPERTY IF HE IS ALIVE & THE DAUGHTER IS MARRIED IN HINDU ACT?

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  • HMT answered 5 years ago
THE HINDU SUCCESSION ACT, 1956
(Act No.30 of 1956)[17th June, 1956]

8. General rules of succession in the case of males.--The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter:

(a) firstly, upon the heirs, being the relatives specified in Class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in Class II of the Schedule ;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.

9. Order of succession among heirs in the Schedule.-- Among the heirs specified in the Schedule, those in Class I shall take simultaneously and to the exclusion of all other heirs; those in the first entry in Class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession.

10. Distribution of property among heirs in Class I of the Schedule.-- The property of an intestate shall be divided among the heirs in Class I of the Schedule in accordance with the following rules :

Rule 1. The intestate's widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2. The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3. The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4. The distribution of the share referred to in rule 3--(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his pre-deceased sons get same portion;

A daughter, whether married or not, will get equal share only if her father dies intestate.

If the father has left a 'will' then the property will be devolved as per his wishes.

If father is alive then he can do anything with his self aquired property.

HMT
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  • indian answered 5 years ago
    After the recent amendment in the Hindu Law under Hindu Succession Act [amendment] Act, 2005--- The daughter have equal right same as son-- Now it does not matters whether you are married or not--

    Even if you are married --than also under this new law of 2005 -- you have equal right as compared to your brother [if any] and even otherwise you have equal right as other siblings.

    Source(s):

    Hindu Succession [Amendment] Act 2005.
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  • true helper answered 5 years ago
    As per Hindu law rights can be available from birth, marriage can't destroy rights. share portion is depends on numbers of heirs. each heirs has equal share.
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  • SARA answered 5 years ago
    COMMONLY ALL THINGS GIVEN BY A PARENT TO A CHILD ARE BY GIVEN BY FREE WILL MEANING BECAUSE THEY WANT TO.
    IN THE US CERTAIN CARE AND TREATMENT IS MANDATED BY LAW FOR A MINOR CHILD (UNDER 18 YEARS USUALLY) OTHERWISE A PARENT CAN BE ARRESTED FOR NEGLECT OR ABUSE.
    AS AN ADULT HOWEVER YOU DON'T OWN ANYTHING YOUR PARENTS OWN AND THEY CAN MAKE WILLS ETC. TO EXCLUDE YOU FROM INHERITING AND RECEIVING THEIR PROPERTY. I BELIEVE IT IS ALSO POSSIBLE TO DISOWN AN ADULT CHILD LEGALLY AND OF COURSE TO PLACE A MINOR CHILD INTO ADOPTIVE SERVICES THROUGH THE COURT SYSTEM..
    SO YOU APPARENTLY HAVE MARRIED AGAINST YOUR PARENT'S WISHES AND WANT TO KNOW WHAT YOU ARE ENTITLED TO FROM THEM. I BELIEVE THE ANSWER IS NOTHING. THE ACT OF MARRIAGE MADE YOU THE LEGAL RESPONSIBILITY OF YOUR HUSBAND WHO IS TO CARE FOR AND PROVIDE FOR YOU THE REST OF YOUR LIVES TOGETHER.
    NOW, YOU MAY RESIDE IN A COUNTRY THAT HAS DIFFERENT LAWS OR CUSTOMS BUT IN THE U.S. YOU HAVE SET YOUR SELF FREE FROM YOUR PARENTS AND THEY ARE LEGALLY SHED OF FINANCIAL RESPONSIBILITY FOR YOU.
    SPEAK TO AN ATTORNEY TO GET A BETTER UNDERSTANDING OF HOW THIS ALL WORKS.

    PEACE BE WITH YOU.
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