Who can claim joint family property?

Conclusion. To conclude, ancestral property can be claimed only by coparcenary members of the four generations of a Hindu joint family who inherited it. It is also necessary that the property was inherited from the paternal ancestor of the claimant.

What are the rights in the joint family property?

Every coparcener and every other member of the joint family has a right of maintenance out of the joint family property. The right of maintenance subsists through the life of the member so long as family remains joint. No female can be a coparcener under Mitakshara law. Even wife, though she is entitled to maintenance.

Can married daughter claim father's property in India?

Can daughter claim father's property after marriage? Yes, as per law, a married daughter has every right to claim a share in her father's property. She has as much right as her brother or unmarried sister.

What is the difference between joint family property and separate property?

Nature of interest:

All the coparceners have community of interest and unity of possession in the joint family or coparcenary property. On the other hand, the separate or self-acquired property of a Hindu belongs to him exclusively – even though he may be a member of a joint Hindu family.

Who can alienate joint family property?

A sole surviving Coparcener is fully entitled to alienate the joint family property. However, if at the time of such alienation, another Coparcener is present in the womb, then such coparcener can challenge the alienation or ratify it after attaining the age of majority. 2.

Partition of Joint Family Part 2 | Who can Claim Partition | Lectures on Family Law.

How do you prove joint family property?

Not only jointness of the family has to be proved but burden lies upon the person alleging existence of a joint family to prove that the property belongs to the joint Hindu family unless there is material on record to show that the property is the nucleus of the joint Hindu family or that it was purchased through funds ...

What is alienation in Hindu joint family?

Alienation refers to the transfer of property. For eg: sales, gifts, mortgages, etc. Property alienations have an added importance in Hindu law, as, usually neither the Karta (the manager of a joint family and the properties of such joint family.

Who gets the highest position in a joint family?

The eldest male or female member in the family acts as the head of the family and exercises considerable authority over members.

Who has right on father's property?

The court stated that the property of the grandfather can be held as the father's ancestral property. There are only two conditions under which the father would get the property, one being that he inherits the property after his father dies or in case the fathers' father had made a partition during his lifetime.

Can married sister claim father's property?

The property given to you by your father can not be claimed by your sisters anymore. See in acquired property the daughter have right even before the amendment act, even if undivided it is not ancestral property and they have right over same. A daughter can claim her share in father's property after he dies intestate.

Can wife claim husband's parents property?

According to Hindu Undivided Family laws, the ancestral property belongs to the coparceners only. As per the law, the wife is not counted among the coparceners. However, if the wife inherits property from the husband legally, she can claim the husband's ancestral property.

Can daughter claim mother's property after marriage?

As per the Hindu Succession Act, 1956: Both married and unmarried daughters now have a legal right to their father and mother's property. Daughters can now also become the manager or Karta in ancestral property. Daughters have the same rights and obligations as their sons.

Who is excluded from joint Hindu family?

Exit. The status of being a part of the Joint Hindu Family can be ceased in the following cases: By conversion to another religion or faith. By marriage to a non-Hindu(a person who is not Hindu as per Section 2 of the Hindu Marriage Act, 1955 which include a Muslim, Jew, Parsi or Christian by religion).

Can the female members of the family claim partition?

Other female members, who come into the family by virtue of marriage, are still treated as members only. Thus, they are not entitled to ask for the partition but are entitled for maintenance and shares as and when partition takes place.

How do I partition a joint property?

A partition deed is executed by co-owners

In case a partition is by mutual consent, a partition deed is executed by the co-owners. The partition deed is required to be registered at the office of the sub-registrar of the place where the property is situated as in case of any other registration.

Can a daughter claim fathers property?

The Supreme Court on January 21 made it clear that Hindu daughters would be entitled to inherit the property of their father in the absence of any other legal heir; they would receive preference over other members of the family in inheriting the property even if the father does not leave behind a will.

Can son claim fathers property?

A son can claim father's property when father is alive in this case after proving his succession. When it comes to self acquired property, the law does not give any right to son to acquire father's property during his lifetime, unless the son can prove his contribution towards the acquisition of property.

Can a father gives all his property to one child?

A father cannot freely give the ancestral property to one son. In Hindu law, the ancestral property can be gifted only under certain situations like distress or for pious reasons. Otherwise, the ancestral property cannot be given away to one child to the exclusion of all others.

Who is head of the family?

It depends on the family, the person who is elder among all was the head of the family. For example if any family has nine members and the grandfather is the eldest, he would be the head of family. But in some cases if grandfather is not there, then grandmother or the elder uncle would be the head of family.

How does a joint family work?

The joint family is an extension of the nuclear family (parents and dependent children), and it typically grows when children of one sex do not leave their parents' home at marriage but bring their spouses to live with them.

Which member is not a part of a joint family?

An Hindu Undivided family includes all the members who has one common ancestor which includes their wife and daughters . Son-in - law and Daughter-in -Law are not part of Joint family.

Who is sole surviving Coparcener?

A coparcener outliving all other coparcener is known as the sole surviving coparcener. He may be alone in the family or there may be other female member along with him in the family. The nature of property in the hands of such sole surviving coparcener is that of HUF property.

What is alienation in property?

Alienation refers to the process of a property owner voluntarily giving or selling the title of their property to another party.

Can Partition be reopened?

A partition can be re-opened on the grounds of Mistake, Fraud, Son in Womb, Adoption, Disqualified coparceners, Son conceived and born after partition, Absentee coparcener; and Minor coparcener. In case the partition is found fraudulent, it can be set-aside and the person injured can claim to reopen of the partition.