Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. To clarify these issues, the Supreme Court stated on August 11, 2020, in the case of Vineeta Sharma v. Rakesh Sharma and Others, that girls will have co-proportional rights to their father`s property, even if he died before the Hindu Succession (Amendment) Act came into force this year. You can log in to TNeGA to check the status of your legal heir certificate online. – REV-114 Certificate of legal heir. The ancestral property of this common family is known as coparcene property, which does not include self-acquired real estate. If the property is inherited from the four generations of the male lineage, it is called ancestral property. Although Hindu law gives the head of an undivided Hindu family or Karta the power to administer that ancestral property, the rights to that ancestral property or coparzenar property in Hindu law are shared by the Coparceners. Therefore, girls now have all koparzönar rights – they can request the division of property between family members and become the Karta of a HUF. However, this change, from a single member to a co-park, only applies to girls. This means that only girls born into the family have co-park rights.
Women who join a HUF through a conjugal alliance are treated as members only. Note here that a girl who marries is no longer a member of her parental HUF. However, she will continue to be a Koparcenerin in the HUF. In the event of death, their children have the legal right to receive a share of a HUF property at the time of its partition. If their children are also not alive, their share of the property could be claimed by their grandchildren. Under Hindu inheritance law, minor and adult co-parks have the right to demand a division of family property. However, this does not mean that he can claim a certain share, as they only become final after division. It is believed that the family continues to be a common family if it is common in matters of nutrition, worship and succession, as observed in Rukhmabai v.
Lala LaxmiNarayan; Rajagopal vs. Padmini. However, if a family is not reunited in food and worship, that is, even if it lives separately, it forms a common Hindu family, provided that it is together in the field. A common Hindu family is neither a corporation nor a legal entity because it has no separate legal entity from its members, as in the case of Chhotey Lal and Ors. c. Jhandey Lal and Anr. It is a unit and is represented by the karta of the family in all areas. A.
According to the Hindu Inheritance Act of 1956, women from a common Hindu family were not considered co-parkers. They had no rights to their ancestral property before the change in the Hindu inheritance law in 2005. The 2005 amendment gave women equal rights to their ancestral property as their male counterparts. The daughters also have a share of the mother`s property. Daughters and sons have equal rights in their mother`s property. However, if the legal heir chooses to renounce his inheritance rights, he must provide a written letter in favor of other heirs declaring that they renounce their right to said property, and in such a case, the children of this person will also not be able to claim the property in the future. The head of the family or Karta of a common Hindu family may alienate the property with the consent of all the copalms. However, a Karta can only sell for purposes such as legal necessities, the advantage of succession or other unavoidable obligations. Some things to keep in mind when it comes to selling co-park property are: The legal certificate of heir and the certificate of succession are completely different from each other. If the head of the family or a family member dies, the next legal heir directly related to the deceased, such as husband, wife, son, daughter, mother, has the right to apply for the certificate of succession. This certificate can be used to transfer telephone connection, electrical connection, tourist tax, submission of computer messages, data transmission, etc.
From the transfer of ownership to the use of insurance, a legal certificate of inheritance from the court must be obtained. The legal certificate of heir is also called the legal certificate of succession of the court. Let`s see the meaning of the legal heir and the certificate of succession further down in the blog. A co-park under Hindu law is, by definition, a body closer than the common Hindu family itself.