Daughter's right to father's property: These daughters will not get the right in father's property, High Court made it clear


Right to inherit father's property: These daughters will not get the right in their father's property, High Court made it clear
The Chopal:   The Delhi High Court on Thursday said in an important decision that an unmarried or widowed daughter is entitled to the property of her deceased father, but this does not apply to a divorced daughter. 

The Delhi High Court gave the reasoning behind this saying that because a divorced daughter is not dependent on the father for maintenance. A divorced daughter is dependent on her husband for maintenance or care. She can take the help of law to demand maintenance with full rights. 

Let us tell you that the Delhi High Court made this comment while rejecting the appeal of a divorced woman, who had challenged the decision of the family court. Delhi's family court had rejected the woman's petition requesting her mother and brother to pay her maintenance expenses.

Delhi High Court, while giving its verdict on the woman's petition, said that an unmarried daughter or a widowed daughter has no other way to survive except taking maintenance and share in the property from the family members. Whereas, a divorced daughter has the right to receive maintenance from her husband. 

A bench of Justices Suresh Kumar Kait and Neena Bansal Krishna said the maintenance claim has been made under Section 21 of the Hindu Adoption and Maintenance Act, which provides for dependents who can claim maintenance. Are.

Whose claim on deceased father's property is how strong?

The High Court said that the right to maintenance has been made available to nine categories of relatives in Section 21 of this Act. There is no mention of the divorced daughter in this. 

Let us tell you that the father of the petitioner woman had died in 1999. Apart from her, the divorced woman has one brother and two sisters in her family. The woman had argued in the court that being the legal heir, she was not given a share in her deceased father's property.

Delhi High Court gave important decision

The woman claims that her mother and brother had promised to give her Rs 45,000 every month on the condition that she would not ask for her share in the property. 

The woman further said that her mother and brother also provided her maintenance expenses on regular basis till November 2014. 

The woman's husband divorced her unilaterally in September 2001. The woman told the court that since nothing was known about her husband, she could not take any maintenance allowance.

Delhi High Court said on the woman's petition that no matter how complex the situation is, Section 21 of the Hindu Adoption and Maintenance Act cannot be changed. Therefore, you can take the help of legal option to get maintenance allowance from your husband. 

The decisions of judges in the courts of the country become examples for the days to come. But, after some decisions, debate also starts on it. In such a situation, it is possible that a debate may start on this decision of Delhi High Court also?


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