Legal Question in Real Estate Law in India

Partition

I have been married for almost 2 years. I have a daughter aged 8 months. Because i gave birth to a girl my husband refuses to take us back. I am currently staying with my parents and have sued him for maintenance under sec. 18 and 20 of HAMA. My husband's father has a lot of properties in his and his wife's joint name. He expired after our marriage but before i conceived. My question is that does my daughter being a legal descendent have the right to sue for ancestral property by doing a partition case?


Asked on 1/23/09, 2:24 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Partition

Yes, your daughter is entitled to a share in the property. However, it may be too early to contemplate any litigation of this kind. If possible, you may try to save your marriage and wait for 'good sense' that may prevail upon your husband. You may educate your husband that the gender of the child depends upon sperms of the male and the female may have no role in that. An effort may be made to settle the dispute through family elders and common friends.

Read more
Answered on 1/23/09, 8:14 am
Tushar Bungley Tushar

Re: Partition

Yes your daughter can claim the property by way of partition.

Read more
Answered on 1/29/09, 3:48 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: Partition

Yes your daughter is entitled to get the share.

Read more
Answered on 1/23/09, 1:06 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Partition

Yes. In view of Amendment to Hindu Succession Act in 2005.

Read more
Answered on 2/07/09, 3:53 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India