Hastings Chambers
3rd Floor, Room #3A, 7C, Kiran Shankar Roy Road,
Kolkata - 700 001, West Bengal, India.

 

Mobile No. : 98311 03325

 

Phone No. : +91-33-2242 8829 / 30 / 2248 4094

 

Fax : +91-33-2230 8982

 

E-mail : utpalmajumdaradvocates@gmail.com

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PROPERTY LAW

 

WHAT IS HINDU LAW OF PROPERTY?

The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act.

 

WHO ARE THE LEGAL HEIRS?

These laws are called "laws of intestate succession." When a person dies intestate, or without a will, the laws of the state where he resided determine how his estate is distributed. According to these laws, specific family members, or heirs, have a right to inherit a share of the decedent's property.
 

WHAT IS THE MEANING OF LEGAL HEIRS?

Heir. An individual who receives an interest in, or ownership of, land, tenements, or hereditaments from an ancestor who has died intestate, through the laws of Descent and Distribution. At Common Law, an heir was the individual appointed by law to succeed to the estate of an ancestor who died without a will.

 

WHAT IS ADVERSE POSSESSION IN INDIAN LAW?

Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle that applies when a person who does not have legal title to a piece of property—usually land (real property)—attempts to claim legal ownership based upon a history of possession or occupation of the land.

 

CAN DAUGHTER CLAIM FATHER'S PROPERTY IN INDIA?

New Delhi: In a Supreme Court ruling, daughters can only claim their ancestral property right if 'father' died after the amendment of Hindu law. ... Earlier, under the Hindu Succession Act, 1956, a daughter was not empowered to inherit rights in ancestral property.

 

DOES A MARRIED DAUGHTER HAVE ANY RIGHTS ON HER FATHER'S PROPERTY?

First of all property have to of your fathers.! ... The Married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005. The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property.

 

WHAT ARE PROPERTY RIGHTS ?

Private Property Rights allow people to fully own and employ their assets, land and resources—without interference from the government or any other entity or individual(s).

Property rights are natural rights: which is to say that every individual has an inalienable and moral right over one’s property—regardless of whether it is recognized or adequately protected by the state. Indeed, private property rights have existed since time immemorial—even before organized form of government came into existence. To quote French philosopher and economist Frederic Bastiat: “Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.”

To be sure, Indians do have a right to property. But for many Indians, the right is neither properly defined nor adequately protected. Apart from that, there exist several regulatory restrictions that prevent individuals from freely employing their property.

The lack of secure property rights and regulatory restrictions hurt the poorest among us.

 

While rich people living in cities have relatively secure titles to their property; the poor in India’s farms, villages and forests do not. If we can secure strong property rights for the poorest among us, it will go a long way in helping them to prosper and escape poverty. Property rights, for millions of Indians, are either not secure or are not well-defined. The following is worth noting-

Compulsory Acquisition: In the last few decades, the state has enlarged the scope of compulsory acquisition—displacing many in the process without adequate compensation or rehabilitation. This has been the source of a lot of discontent among the people, fuelling several grass root movements with people demanding their rights.

Insecure Titles: Millions of Indians lack a clear title to their land, and it is hard to establish your title even if you’ve been living on your land for years. For instance, the land rights of indigenous tribes were not recognized by the state—despite these people living in the land for generations. It is only recently that this historical injustice has been addressed to some degree, but many continue to have insecure titles.

 

Poor Land Records and Administration: The state has not only failed in recognizing the land rights of many citizens, it has also failed in creating adequate mechanisms for people to establish their title. Land records are poorly maintained and are, for most part, not computerized. Land laws are numerous, cumbersome and hard to comply with. Our land administration is complicated and needs to be streamlined.

 

IMPORTANCE OF PROPERTY RIGHTS

One of the determining factors of the prosperity of a country is the respect and protection it accords to the property rights of its citizens.

Property rights allow people to be entrepreneurial. And enterprise allows people to create wealth and prosper. The security of property allows people to pursue their enterprise. A farmer, for instance, would not grow crops, or further develop his land if he knows that his land faces the threat of being seized by the government. A businessman would not expand his business if he perceives a credible threat of his business being taken over by the state. Individuals would not undertake risks, or make investments in land improvements if they feel that their ownership can be challenged. In the absence of a secure system of property rights, enterprise is throttled. Indeed, the one determining factor of the prosperity of a nation is the respect and protection it accords to the property rights of its citizens.


 

PROSPERITY AND PROPERTY

A number of reasons are proposed to explain the prosperity (or lack thereof) in different countries. The standard reasons proposed are a country’s endowment of natural resources, population density, geographical location, state spending in education and healthcare, cultural values and a variety of other factors. When we go on to examine each of these factors, none of them manage to adequately explain why some countries are rich while others remain poor. Take the case of Singapore and Hong Kong. Both countries are city states, virtually devoid of natural resources. Yet, they are some of the most prosperous regions in the world. The case of South Korea is particularly astonishing: after being devastated in the Korean War in the 1950s, it has today—in the space of a few short decades—emerged as one of the most developed nations in the world. There are then, many anomalies when it comes to development—countries that prosper despite the lack of resources (Hong Kong); and countries that do not despite being rich in oil (Argentina). Likewise, there are some countries with high population densities that perform better than countries with low populating densities. Anomalies abound.


 
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Hastings Chambers
3rd Floor, Room #3A, 7C, Kiran Shankar Roy Road, Kolkata - 700 001, West Bengal, India.
PHONE NO. : +91-33-2242 8829 / 30 / 2248 4094
FAX : +91-33-2230 8982
E-MAIL : utpalmajumdaradvocates@gmail.com
WEBSITE : www.advocatesutpalmajumdar.com
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