What Should I Do If My Maternal Uncle Hold Gifted Property Of My Mother?
Hindu women’s property rights are governed by the Hindu Succession Act of 1956 in India. It was established after the 174th Law Commission Report’s recommendations; the Hindu Succession Act of 1956 underwent several remarkable adjustments.
By altering Section 6 of the Hindu Succession Act of 1956, the 2005 Amendment ended the long-standing discriminatory practise of excluding women from the coparcenary system. A daughter of a coparcener can by birth become a coparcener in their own right, just as a son of a coparcener, according to Section 6(1) of the 1956 Act, which governs any Hindu Undivided Family (HUF) subject to Mitakshara law.
Equal rights for Coparcenary
The sons and daughters of a coparcener have equal rights and obligations under Section 6 of the Hindu Succession Act of 1956. According to Section 6(1), the daughter of a coparcener-
- Has the same claims on the property of the coparcenary as a son would have had, and
- A daughter would have the same obligations to the coparcenary property as son
Married daughters’ Rights in Father’s Property
The Supreme Court ruled that a daughter has an equal right to her father’s ancestral property, just as her brothers. However, this does not suggest that following the death of the father, the property will be split equally between a brother and a sister.
The partition of the property shall be based on each heir’s share as determined by the applicable inheritance rules because inheritance laws also grant property rights to other lawful heirs of the dead. It simply indicates that whatever portions her brother claims, a married daughter will also receive the same share of her father’s property.
Role of Judiciary
In the case of Danamma v Amar Singh (2018), it was held by the Supreme Court that however, the Supreme Court ruled that the distribution of coparcenary property is affected retroactively by Section 6 of the Act. Whether the father passed away before or after the 2005 Amendment, daughters are coparceners.
Role of Lawyers
Assuming that your mother belongs to Hindu Religion and is a class I legal heir, she is equally entitled to the assets of her parents. Your mother may protest to validate the will or the division of her parents’ assets if she feels that her rights have been violated.
Therefore, in order to safeguard your mother’s property from your maternal uncle, it is imperative and sensible to get in touch with and get a qualified lawyer.
- They Help with the Filing of a Criminal Case- You can file a criminal case against your maternal uncle in the Judicial Magistrate’s court under Section 406 (criminal breach of trust), Section 420 (cheating), and Section 468 (forgery for the purpose of cheating) of Indian Penal Code.
- They Aid in Filing a Declaration Lawsuit- The lawyers prepare and file a declaration lawsuit on your behalf. By filing a declaration case, the plaintiff proves their right to any rights related to property. The court will issue a decree of declaration after considering the arguments and claims of both parties in the context of their petitions and evidence, and if it is persuaded of the Plaintiff’s claim.
- They Support You in Pursuing an Injunction Lawsuit- The lawyers will assist you in pursuing an injunction lawsuit. Any property-related external fraud or deception is strongly discouraged by it.
- They Aid in Validating the Will- If the will is permitted to go through probate, the property passes to your grandfather’s legitimate heir and heiresses; if not, it is invalid. In order for you to obtain your proper share of the estate, the lawyers help in the trial by proving the will.
Your mother is entitled to an equal portion of the property owned by your grandfather. Therefore, you must strategize your course of defense. In the interim, you must send your uncle a notice via a lawyer requesting that he divide the property which belongs to your mother.
You will need the help of a lawyer to send legal notice to your maternal uncle who is holding your mother’s property. If you need the help of lawyers to get your property back in Bangalore, then lawyers in Bangalore can be hired, and if you need the help of lawyers to get your property back in Pune, then Lawyers In Pune can be hired. Similarly, Lawyers In Hyderabad can be employed if you need the help of lawyers to get your property back in Hyderabad.
At Lead India, you can consult and talk to a lawyer there. You can obtain free legal advice online as well as ask a legal question online for free to lawyers for consultation at Lead India.
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