Hindu Law: Daughter's Right to Claim Maintenance
In every family, certain relationships impose legal obligations and responsibilities depending on the nature of the relationship. In Hindu law, a daughter has a right to claim maintenance from her father. The term ‘maintenance’ includes provisions for basic facilities, such as food, clothing, shelter, education and medical treatment. On the event of the father’s death, the unmarried or widowed daughters can be considered as his dependents and they can claim maintenance from his property.
Hindu Law: Daughter is Entitled to Claim Maintenance from Her Father
As per the provisions of the Hindu Adoption and Maintenance Act, 1956, a daughter who is a major, can seek maintenance from the property of her father in two cases:
- When there is joint family property.
- When the property is his self acquisition.
A daughter is considered as a member of the joint family to which she is born until the event of her marriage. She is entitled to claim maintenance from the share of her father in the joint family property. This is applicable irrespective of the fact whether she is a minor or an adult.
In case the property is self acquired by the father, the daughter is entitled for maintenance from her father, until she becomes a major. In case of an unmarried daughter, the term ‘maintenance’ includes adequate provision for her marriage. The personal legal obligation to provide maintenance is continued till she is unmarried.
However, the Section 20, of the Act, provides for a qualification for entitlement of maintenance. A major unmarried daughter is entitled to claim maintenance from her father only in case she is not able to maintain herself from her own income or other property.
I want to know one thing that can a married daughter claim her part in the property of her father?
Yes, Praveen, thank you for the query. Yes, a married daughter can claim her part in the property of her father under Hindu law. She can also live in the home of her parents after marriage, which she was earlier not permitted to do. Amendments were passed to ensure that she has a residential right in the parental home even after her marriage.
Also, different states have regulated state specific laws on these inheritance rights too. Based on caste, community and state-specific laws, a legal expert will be able to give you a good idea as to whether such a suit will be successful for you. You will need to explain personal details when discussing the claim with the lawyer such as whether the father's property is in the form of a house, land or ancestral property and so on.
Please feel free to ask more questions if any, thanks once again.
Thank you Swapana
Geeta, thanks for the query. We can't answer this without specific details such as:
1. Ancestral property belonging to your father or mother?
2. Which state laws prevail with regard to your property? What other alternative properties are there that you can take advantage of from family property itself?
3. What kind of mistreatment are you referring to? You will have to list them.
4. Details about yourself and your brother, explaining your background and the context in which you wish to press for the share.
Specific details will help us understand your query better. Thanks, Geeta.
can a married daughter ask for share of ancestral property in case of mistreatment by mother & brother
Sir
I want to know one thing that can a married daughter claim her part in the property of her mother had expired?.
Pls reply soon.
Thanks & Regards,
Rajesh
Sir,
I want to know that a married woman ,whose mother died during her childhood, has right in her father property or not. If she have step mother with one son & one daughter.
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Yes, Geeta a married daughter can ask for her share in ancestral property even thought not mistreated. In the year 2005, government of India has passed an amendment by which daughter is treated as equal to son. And therefore a girl can claim equal share as per law in the property.
i want know that my mother stays in her mothers property from 1980 30 years, case is going in court to my mother and to her brother what ll happen plese tet me
withourt details of your case i can not comment then also i try first and foremost whether your grandfather's property is self acquired or not if yes then your mother definately get share.
My father have a house. It is fully his own property. We are two sisters and one brother. My brother wanted to built extra rooms and he need bank loan. So my father changed the house to my brother's name. I want to know whether me and my sister have any right to claim the house. Ex-Tamil Nadu CM Mr. Karunanidhi previously announced that daughters have equal right as son. Kindly advise.
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Sir i am from delhi and my sister is in gove job in railways earning 40,000 salary permonth and having her own house in delhi and a plot in ghaziabad and my mother gave her 11 lacs rupees in cash recently but she is not satisfy with that she now wants share the share the house in which my mother is residing and i am earning only 10k per month having a female child. Can i stop her to do so.
My parents have had 20 yrs of successful married life. Since 4-5 years there were tensions in the family and now my father doesnt stay with us. He stays with grandmother. My father is retired and receives pension. He no longer supports the family financially. We are two daughters. I am an engineer and earn a decent salary of 15K. my sister is studying M.com. I want to pursue my higher studies abroad. I am unable to pursue because I am unable to get a loan with out a colateral security. We have two flats registered under my fathers name. I can easily get a loan for my studies if my father morgages one with the bank. I am unable to study further because my father is not signing the papers and as a father he doesnt want to sign any documents which require his signature. Please help me. I read in your post that for education i can seek maintenenance. Plz can you help me in my case.
Yes, you can get maintenenance for your higher education from your father. Now in your case your father is not ready to give mortgage his flats and therefore first you have to consult an advocate and send demand notice. Even though he fails to do needful then you have filed an application before the appropriate court.
I read your comments given to parveen. I am residing in Delhi. and my parents have a self aquired property, its not ancestoral. I am a married lady. We are two sisters (both married )and one brother(unmarried). If they refuse to give me any share, can I still claim my right on their property.
When did this amandments regarding no distinction between married and unmarried daughters came in, could u pls tell?
Kindly reply, I would be thankful.
Yes, you can claim share to your parents property if both of them died intested i.e. without making a will. As mother,son and daughter are Schedule I legal heir as per Hindu Law. Further in 2005 of parliament of India has passed amendment act by which daughter is consider as son.
I am 55 years old, My father died when I was 2 years old. My mother got the property ad lands from my grand father. My parents have two children my elder brother and my self only daughter. My mother sold the lands and purchased a house in 2006. My mother died in 2007. She has not written any WILL. Can I get any share as per hindu act. Can my brother sell the property with out my notice. The Original house documents are with me. I heared that my borther is selling the house and took advance from somebody.
He has a xerox copy of that property with him. Can My brother sell without my sign the above property
please give a suggesstion to me
No. your brother can not sell out property without your sign. As per hindu law after your mother's death your brother and you are schedule I legal heirs. If your brother are trying to sell the property then you can do following things - 1. Immediately send advocate's notice to your brother. 2. Publish a paper notice in daily newspaper through your advocate. 3. In case your brother is not ready to give share to you then file a suit in court of law.
Sir,
We are a hindu, my mother is 80 year's old. can she claim her share in father's properties? Since her father is dead.
regards,
pradeep
Its very difficult to answer. There are two three aspect to your case. As whether your grand father' property was self acquired or not ? Secondly, whether you earn or not ? and therefore without details i can not answer.
My Mothers father had constructed one house with four portions for his four children but he had not written a will. For some time they have given one portion for my mother and now one of my Mothers brother is saying that, he will not give that portion to my Mother as my grand father has not written a will.
Question is "Is my Mother has the right to acquire her father property"
Thank you. Waiting for your reply
Yes, your mother has right to share property if both of parents are died intested i.e. without making a will. As mother,son and daughter are Schedule I legal heir as per Hindu Law and get equal share in the proeprty. Further in 2005 of parliament of India has passed amendment act by which daughter is consider as son.
we r 3 sisters & 2 brothers.we have ancestral property.can our father make a will & share this property among my brothers only?
Can a daughter have a right to ancestral property in case the father has passed away and the property has been transferred in the name of the son?
See, Alok I have already discuss this question many times before. Let's consider your case, first and foremost details are not available to me. Further, if daughter is born before 1962 and property has been transferred to her brother then she has only right of maintenance like expenses for her marriage, education and in case of widow not residing with her in-laws then maintenance. Furhter, If you are residing in maharashtra and daughter is born after 1992 then she will treated like a son under hindu law and after 2005 for rest of India daughter are equal to son.
It is disputed question and even supreme court has given different decision on various occasion. But I tired to answer you. First and foremost if your father has right in ancestral property and if it is being partitioned between him and other legal heirs then he can make will. But if not then he can not make will. Further, about your's right after 2005 daughter is equal to son and in that contest you can get equal right in the ancestral property.
in Hindu family if Daughters got Married in the year 1982 still as per bill passed in Parlament in 2005 can such Daugter claim for a share in her Father's property after the Death of father ?
in Hindu family if Daughters got Married in the year 1982 still as per bill passed in Parlament in 2005 can such Daugter claim for a share in her Father's property after the Death of father ?
My grandfather died on year 2003. He has 2 sons and 3 daughters.
these 3 daughters married on before 1986,1973,1970 respectively.
My query is that these 3 daughters have right in her father's own properties right now.
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sir. if property belongs to my grandfather they have 3 son they A,B, C. my grandfather equally distributed among 3 son . my father is A and they have 4 children 1 son and 3 daughter .3 of them are married but one of my sister had affair with an person so she left her husband house .i m army person always out of state ,in my absence she had given alcohol to my father had get half the property in her name saying that my father sold it to her. and a fake identity of my had sign in property paper .the property belongs to grandfather. my father had died after 2 year of this incident .half property which is left, my 3 sister is trying to take that .i am army person i don't know much about this legal procedure .
Query:-
1.Rights of the Grand children over ancestral property during the life time and after death of their father?
2.In the above case does the father has absolute right over the ancestral property with out any restrictions?
Ans 1:- Yes, Grand children have rights in the ancestral property irrespective of their father is alive or died.
Ans 2:- Yes, if children are minor and No, if they are major.
Hi, I would like to know if a daughter can claim in a property which is in her father's name. Daughter is married and is not having grand childrens. Father is dead. Also the situation is this property was bought in 1972, and a big plot was divided into 4 parts and bought. the four part belong to daughter's husband, daughter, father and elder son. My query would be if daughter can claim share in that bought property.
Thanks.
Iam having a 3yrs 8months old daughter me and my wife are seperated for 3yrs she went to her house because she was pregnant and dint turn up and now she is claiming for maintenance for Rs.30,000/-p.m , where as iam not earning as much as her income because i have been operated for slip disc and iam not able to pay such a huge amount because i dont have any property in my name i was having my fathers self occupied property which was willed from my father to me where i gifted it to my sister when i was operted for slip disc, Since iam having back problem i cant sit and work for the whole day iam working as part time a/c in a proprietor ship firm and earning very low in come, I had filed a legal case against her to come but her father with the help of goondas was threatning over phone to take back the case since my mother is old she came to know about this and i was forced to withdraw the case, after this i transfered the property of my father which was self occupied by him and was willed to me because there was nobody o look after my mother and me as i was operated for slip disc as doctor as adviced me to take rest, whereas she is a working women and earns very well and she is also having a property in her name and earning as a rent and salaryof Rs.50,000/- p.m and they are postponing the hearings of the court.
My question is
how much would the court tell me to pay?
Dose the court consider her earnings also?
Till how many years should i pay?
Is it fair that she left the house because she was pregnant and refused to come back after the baby was born and applying for maintenance. Why our law is so weak?
my mother has aself acquired property . she married me to a boy of her choice citing she will support me .now she has willed this property to her officer son,when i reminded her of her duties towards me shr physically abused me
Oh ! you have been cheated by emotional blackmailing and you have no option other than wait to die your mom and then raise objection to the will made by her. If it is registered then it will be very difficult to prove your objection.
Hi,
I got married on 12th dec,09 in New delhi and now I want to register my marriage & looking for Marriage Certificate. Problem is that now I also want to change my name and my wife's surname. Now i am confused that what should i do first. Shall I change my name first or acquire Marriage certificate first.
I am working in Bangalore and my wife works in Delhi.
Please guide me about the legal formalities. Is it possible legally without any hassles currently & in Future. Also How this change will take effect in My educational certificates, Pan card, Driving license Passport etc....
Looking forward for your kind Suggestion.
Thanking you in advance,
Best Regards,
Sahil
First you change your name and then get your marriage registered.
if a father has sold is property in 1956 ,can his daughter has a right to sell it again in 1986 claiming as his father's property??the property is under the judiciction of the person whom the father has sold the property....
My father is retired and getting pension. My Mom is housewife, I (son) earns 20K PM and my Sister (unmarried) earns 16K PM. whatever we have all movable or immovable assets are earned by father only (with my salary included for 4 years). Sister never shared her salary. Now my Sister is adament on getting a share from my father's assets. she is already an owner of a flat, car and all household items (given to her by father). and would like her share to be calculated and given to her. I would like to know how much is she legally ask. I mean can she ask for 50% of all father's earning or 25% as my father's earning can be divided into 4 parts. and I would much appreciate if you can advise on how can the calculation be done as what to include and what not.
my father died 2 and half years ago and there is no will i have 2 sisters one is married and one is not i have my mother also i want to know that how should name be transferred(father) to my mothers name of the house
I have three sisters and after my father's death, the property and house divided on mutual consent. My mother given property for her future expenses and half share of the house. After some time, my mother gives her entire property including house share to sisters. Then, am i have to pay for the expenses of mother?
Yes, you have to. cause even though your mother has any property and she is not yielding anything from it, then also you have to maintain your mother. It her legal right to get maintaince from not only you but your all sisters are liable too.
There is a typical situation where one daughter lost her mental control, she is very aggressive & could not keep her silent & misbehave with anyone, she had two kids & both are intelligent in study, after 12years of her marriage now her in laws wish to get an authenticate legal evidence from her parental family.
She have his parents, his three married brother, three married sisters, who will sign the documents specifying that in future if any mis-happen like if she commit wrong with her life, with her husband , her in laws, her kids, no parental family will claim/complain with any police or any authority keeping in view her behavior & mental situation experienced till now after her marriage.
Parents & her brothers ready to sign the legal documented but needed document language & how to proceed it to give the authentic documents to her in laws?
Thanks in advance,
CA Pramod Khemka
M-94250-85619
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My father shifted in another city in 2000 and since then we are not living under 1 roof. I am taking care of my mother & my younger brother. for the last 11 yrs. All the expenses, his education etc., were borne by me. My father has now filed a complaint against my mother / forcing her to meet him / stay with him. Both are not judicially separated.
1. Can any law / complaint can force my mother to meet my father...?
2. my brother is now employed. Can my father claim maintainence from him though for the last 12 yrs he had not taken any responsibility of him. His age was 15 yrs when we separated ( not judicially)
3.Should I issue public notice in newspaper or need not to any thing.
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my father died last year. we are 5daughter and 2sons.my fatherhas left lots ofmoney can i claim my share.my mother is alive.father made no will
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