High Court Important Decision: Big decision of High Court, these daughters will not get rights in their father's property
Dainik Haryana News, Delhi High Court Decision Daughter Right On Father Property (New Delhi): The Delhi High Court on Thursday said in an important decision that an unmarried or widowed daughter has the right to the property of her deceased father. But this does not apply to a divorced daughter. The Delhi High Court has given the reasoning behind this that because a divorced daughter is not dependent on the father for maintenance. A divorced daughter is dependent on her husband for maintenance or care. She can take the help of law to demand maintenance with full rights.
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The Delhi High Court made this comment while rejecting the appeal of a divorced woman, who had challenged the decision of the family court. Delhi's family court had rejected the woman's petition requesting her mother and brother to pay her maintenance expenses. Delhi High Court, while giving its verdict on the woman's petition, said that an unmarried daughter or widowed daughter has no other way of living except taking maintenance and share in the property from the family members. Whereas a divorced daughter has the right to receive maintenance from her husband.
A bench of Justices Suresh Kumar Kait and Neena Bansal Krishna said that the maintenance expenses claimed under Section 21 of the Hindu Adoption and Maintenance Act provide for dependents who can claim maintenance. Are.
Whose claim on deceased father's property is how strong?
The High Court said that the right to maintenance has been made available to nine categories of relatives in Section 21 of this Act. There is no mention of the divorced daughter in this. The father of the petitioner woman had died in 1999. Apart from her, the divorced woman has one brother and two sisters in her family. The woman had argued in the court that being a legal heir, she was not given a share in the property of her deceased father.
Delhi High Court gave an important decision. The woman says that her mother and brother had promised to give her Rs 45,000 every month on the condition that she would not ask for her share in the property. The woman further said that her mother and brother also paid her maintenance expenses on regular basis till November 2014. The woman's husband gave her unilateral divorce in September 2001. The woman said in the divorce that nothing was known about her husband and hence she could not take any alimony.
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Delhi High Court said on the woman's petition that no matter how complex the situation is, Section 21 of the Hindu Adoption and Maintenance Act cannot be changed. Therefore, you can take the help of legal option to get maintenance allowance from your husband. The decisions of judges in the courts of the country become examples for the days to come. But, after some decisions, debate also starts on it. In such a situation, it is possible that a debate may start on this decision of Delhi High Court also?