[1] (2013)9SC C 419 The media reports about ED attaching property of Farooq Abdullah is nothing but a political vendetta as the BJP government has been unnerved by the support of people to Peoples’ Alliance for Gupkar Deceleration (PAGD) in the just concluded District Development Council (DDC) polls, Tarigami said in a statement here. 3. We will respond to you shortly. 27-04-2017. However, this rule does not apply when the minor has an undivided interest share in the HUF property and the property is under the management of an adult member or Karta of the family. R. Seethamma @ Seetha Lakshmi, W/o. Smt. Ancestral property is something that passes onto generations after generations without separation. mesne profits[4], as well as enforce his right to joint possession of any property from which he is excluded[5]. }); Your email address will not be published. If the father passes away without a will, she has the same rights as the son in both ancestral and self-acquired property. ED Attaches Rs 11.86-Crore Assets of Farooq Abdullah; 'No Justification,' Says Omar. The Courts in India, however, every now and then, have come to rescue, at-least to clarify the position of law with respect to ancestral property in India. Women Can Now Inherit Ancestral Property: Know More About the Landmark Judgement Traditionally, a joint Hindu family is considered as comprising lineal descendants of a common ancestor. Sri R.Vema Reddy, R/o. To claim the property as a right, the property must be an ancestral one. After commencement of Hindu succession amendment Act 2005, Person can partition of ancestral property by executing will? A coparcener who is excluded from his right in respect of joint possession and enjoyment is entitled to an account of the income derived from the joint family property and to have his share of the income ascertained and paid to him, i.e. 4. The problems faced by it are both universal to the conflict situations and unique to the region. https://kashmirobserver.net/wp-content/plugins/nex-forms, https://kashmirobserver.net/support-our-journalism/, https://kashmirobserver.net/wp-admin/admin-ajax.php, https://kashmirobserver.net/2020/12/19/properties-attached-largely-ancestral-omar, J&K Reports 260 New Covid-19 Cases, 2 Deaths, Govt Extends Driving Licence, Vehicle Registration Validity Till Mar 31, SPO Turned Militant Among 4 Arrested In Central Kashmir’s Budgam: Police. — Omar Abdullah (@OmarAbdullah) December 19, 2020. S. 64 of the Code provides for such private alienation. [2] (2016)2SC C 36 The per… Omar expressed wonder that the properties attached are largely ancestral dating from the 1970s with the most recent one built before 2003. At present, the daughters are entitled to same rights in the property of her father as that of the father’s son. However, there may be exceptions to such rule as well. 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He said that his father came to know about the attachment of his properties in the ongoing investigation into the JKCA matter through the media. Property can be viewed in two ways: It's either a probate asset or a non-probate asset. “There … HONBLE SRI JUSTICE V.RAMASUBRAMANIAN ANDHONBLE SMT JUSTICE ANIS. Under Hindu Law, wife has the right to her husband’s property after his death or after divorce. target_type: 'mix' “The properties attached are largely ancestral dating from the 1970s with the most recent one built before 2003. It felt in case ancestral property cannot be divided, the woman should get “sufficient compensation” from her husband’s share. Important & … Dr Abdullah is in touch with his lawyers & will fight all these baseless charges in the one place that matters – a court of law, where everyone is presumed to be innocent & is entitled to a fair trial unlike in the court of the media or the court of BJP managed social media. 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