According to the Hindu Succession (Amendment) Act 2005, a daughter has the same right to her father’s property as her brothers. Her marital status does not alter this right to property. Hence, your marital status does not in any way impinge upon your right to stake a claim to your father’s property, provided he died without leaving a will. If there is a will and he has left the property to someone else, you cannot stake a claim to the property.
Q.I have been estranged from my parents and sister for many years and have minimal contact with them. I am also happily married with two children. My grandfather had left some property to my father via a gift deed. My sibling wants to stake sole claim over this property and my father says he will not leave anything to me. I want to know if I have any right over this property and, if so, can I stake a claim to it? — S.R.
If a property has been transferred through a gift deed, for which stamp duty has been paid and it has been duly registered, then it becomes the absolute property of the person. He can give it to whomsoever he wants through a will. If, however, the owner dies intestate, that is, without writing a will, then it is distributed equally among the class I legal heirs, who have a first claim to it. In your case, if your father has written a will, leaving the property to your sister or anyone else, you cannot stake a claim to it. You can, however, contest the will on a valid ground since you are a class I legal heir. If your father dies intestate, then you will get an equal share in the property, along with your sister and mother.
Q.I have recently started earning. My father is a retired government servant and my mother is a teacher. Both are earning enough to make their ends meet. I wanted to know if I should use my money when they ask me to go grocery shopping or if my mother asks for a new dress. I don’t want to be selfish, but I have a limited salary and goals of my own. At the same time, I do understand and know my responsibilities. I want to buy for them sufficient medical insurance and I do occasionally bring them gifts or take care of sundry expenses like recharging mobile phones, etc. However, I have a budget to maintain and am saving for some goals. I don’t know what to do. Please advise. — Raghav Sharma
Your financial dilemma is valid and understandable. As a young earner with limited salary, it may be difficult to balance yours and your parents’ financial requirements. It is also clear that you understand your responsibilities towards your parents. So do not feel guilty about not helping them enough financially, especially as they can take care of their current needs. At this stage, it is important to prioritise saving and investing for your future, and if you have any disposable income, use it for your parents. When you are in a financially stronger position in a few years, you can contribute more to their needs. To remove any ambiguity about household expenses, talk to your parents and specify the amount you can contribute monthly to household needs.
Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.
