1 Answer
Dear client,
It is the owner's share(s) that provide legal rights to property in Hindu Joint Family Property. If the property is a Hindu Joint Family Property, then the rights of the descendants will depend on whether the property is "doctrinally" a property type, and whether the property has ever been inherited through any "contrivance". Under section 58(b)/61 of the Hindu Succession Act, 1956, a women's ability to acquire coparcenary rights at her birth compounded with the amendments to the Act in 2005 , means that women have equal rights to the property of their fathers and brothers according to Section 50(iii), (ii), and (iv), although this was previously limited to male children. While you will not be able to challenge a husband's sale of a residence to another person just because they did not tell you about it, it is imperative to verify the correct documentation related to such transaction first when he sells residence to someone else.
Furthermore, even if a daughter intends to exercise her right to inherit property held by a father if the property has always been, in fact, ancestral property and the child is still alive and now has been born, it may be that "her right to inherit her share of ownership will not become actionable until the mother has the use/possession of her share". The mother has the right to file a partition/cancellation suit, as natural guardian of the child, if the child's desire to continue to live as a member of the Joint Family has been compromised by either the inherent doubt in whether or not either son of father or daughter of mother actually became a traditional family-owned property prior to the child's birth. Each of the above situations will need to be verified according to the requirement of applicable land use law, and title/ownership laws, prior to any transfer of its owner.
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