Daughter has no right on property after marriage, this mentality is wrong - Gujarat High Court - Newztezz Online

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Saturday, January 14, 2023

Daughter has no right on property after marriage, this mentality is wrong - Gujarat High Court


The Gujarat High Court, while hearing a case, made it clear that a daughter's right over her parents' property does not end when she gets married. The daughter is also entitled equal to the son in the father's property.

Gujarat High Court on Property: The thinking that the daughter does not have the right over the father's property after marriage is wrong. Gujarat High Court has made this big comment. While hearing the case on Friday (January 13), the High Court termed the mentality of the people as wrong that after marriage the daughter becomes someone else's wealth. Gujarat High Court said that it is necessary to change the perception of the society regarding daughter and sister. The court said that the daughter and sister cannot be deprived of the right to property on the ground that she is married.

During the hearing of a case, the bench commented on the petitioners, saying, 'The sister got married, so she lost her right to the property, this cannot happen. She is your sister. He was born in the same family as you. That's why after the marriage of the daughter, her right over the property of the parents would have ended, this mindset needs to be changed now.

'Marrying a daughter does not change her stature in the family'

While hearing the case of the lower court, the court further said, 'The status of a daughter in the family does not change when she gets married. In the family in which he was born, his place remains there. Therefore, after marriage, the daughter has no right in the property of her parents, this mindset is wrong and this mindset needs to be changed. The Gujarat High Court clearly stated this in the hearing of the related case.

'If the situation does not change if the son is married or not, then why should the daughter be?'

The court said in its comment that the son of a family being married or unmarried does not change his position in the family. Then why should the situation in the family change when the daughter gets married? Therefore, whether the daughter is married or unmarried, her right over the property of her parents will remain intact.

The decision was challenged in the High Court

Chief Justice Arvind Kumar and Justice A. Shastri's bench was hearing a petition related to the division of family property. Challenging the order of the Lower Court, a petition was filed in the Gujarat High Court. The petitioner said that whether his sister has given up her claim on the property or not, it is not clear.

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