Legal Question in Wills and Trusts in India
Sir,
I asked a very specific question as follows, however there was two diffrent reply. I would be happy to guide me properly as my next question shall depend over it.
Q. Can a married daughter have a equal share from the property purchase by mother (House wife) out of savings of her father after the accidental death of father.who died witout making awill.? Because law is very clear that the daughters have equal share in property.This can be proved witot doubt that he mother was house wife and the property was purchased out of savings of father who was most eminent doctor in town of gujarat.
Please opine
ABC.
Please opine precisely
2 Answers from Attorneys
If the mother has bought a house in her name from the money given or taken from her husband or selling the property of her husband , in all eventualities she is the absolute owner of the new property . The daughter could have challenged at that time of selling fathers property ,she can challenge the same now as well but chances are bleak to win the case.
yes, the daughter has an equal right in the property of her parents, in case the property is self acquired and the parents died without making a will. in case it is an ancestral property, then also the daughters have an equal right.
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