The Supreme Court announced that a married
daughter is entitled to inherit her father's property, even if his wife and son
are alive. As per a report published in TOI, the SC ruling came during a
hearing in which a man had nominated his married daughter's name to own his
cooperative society flat after his death.
Biswa Ranjan Sengupta's decision was challenged by his widow and her son, citing the rules of the West Bengal Cooperative Societies Rules, 1987 and provisions of the WB Cooperative Societies Act, 1983.
Woman cannot claim right over property of in-laws: Delhi court
Biswa Ranjan Sengupta's decision was challenged by his widow and her son, citing the rules of the West Bengal Cooperative Societies Rules, 1987 and provisions of the WB Cooperative Societies Act, 1983.
Woman cannot claim right over property of in-laws: Delhi court
Sengupta was reportedly living with his married
daughter Indrani Wahi in his last days due to the ill-treatment meted to him by
his wife and his only son. The high court headed by a single judge directed
Indrani to let the flat registered in her name but at the same time it also
said Indrani was a part shareholder of the property along with Sengupta's wife
and son and that she could dispose of the property only with the express
consent of other shareholders. Following this ruling, Indrani appealed in the
Supreme Court.
Whether Daughter-in-law have right in
parents-in-law's property
A bench of justices JS Khehar and C Nagappan
pronounced,"There can be no doubt that where a member of a cooperative
society nominates a person in consonance with provisions of the rules, on the
death of such member, the cooperative society is mandated to transfer all the
share or interest of such member in the name of the nominee." "The
rights of others on account of inheritance or succession is a subservient
right. Only if a member had not exercised the right of nomination under Section
79 of the Act, then and then alone, the existing share or interest of the
member would devolve by way of succession or inheritance", they said.
In 2013, the Supreme Court had said that a daughter's right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005.
In 2013, the Supreme Court had said that a daughter's right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005.
To resolve your Property disputes and get solutions for property rights for daughters in India you can Whattsapp to our Whatapp service No.9840802218 to get detail answers for your problems from experts.
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