Legal Advice Report: Jasmine's Property Rights and Claims

This report provides legal advice regarding a property dispute, focusing on the rights of a daughter, Jasmine, in relation to her father's will and property. The case involves Bal Karan, who died and left property to his sons, excluding his daughter, Jasmine, who had invested in the property with her husband. The report addresses the legal issues of whether Jasmine can claim property rights, injunctions, remedies, and monetary compensation. It examines relevant laws like The Family Law Act, 2003 and international agreements such as CESCR and OHCHR, which support women's equal property rights. The report concludes that Jasmine can claim property rights, potentially seek a temporary injunction, and pursue compensation for her investments. The report emphasizes the protection of women's rights under national and international laws, highlighting the importance of both wills and the independent property rights of women.

Legal advice

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Legal issue- .....................................................................................................................................1
Whether Jasmine can claim property rights on the land CT2345?.............................................1
Whether Jasmine can claim for any injunction, remedy and monetary compensation from the
court?...........................................................................................................................................1
Legal rule-........................................................................................................................................1
CONCLUSION................................................................................................................................1
References:.......................................................................................................................................1

INTRODUCTION
The women has equal rights in the eyes of law. All the property rights are provided to
daughters and son equally. There are various laws that administer the property rights of the
country. These rights gives the basis for taking the property rights after the death of the father as
per the will. The will is the document that provides about the distribution of the property
between the members of the family(Ben & Gounder, (2019)). This report will outline the
property rights of daughters in the country. It would also advice the sufferer party with respect to
their property rights and will created by the father of Jasmine.
MAIN BODY
Facts of the case –
Bal Karan a resident of kilikoso Labasa who died on 1st January,2018 appointing Udham
Karan as his executor and trustee for his 20 acres property CT 2345 issued by the High Court
via probate number 12789. In the will, he divided his property equally among his three sons
Udham, Karan and Ram. Also, made Udham to look after Urmila Matti his daughter till age 22
and take care of his wife Shiri Matti during her lifetime. But the conundrum is that Bal Karan
other daughter Jasmine married to Jai lal in 2012 also live on the said property where they have
built a house with there investment of 40,000.00 dollar and later made other floors to sub let to a
teacher. But, Jai Singh is now informed that Udham Singh is selling the entire property along
with the 2 acre property of Jasmine and Jai Singh free from encumbrances and occupations.
Legal issue-
Whether Jasmine can claim property rights on the land CT2345?
Whether Jasmine can claim for any injunction, remedy and monetary compensation from the
court?
Legal rule-
The Family Law Act, 2003 provides that the women has the similar property rights as per
the rights provided to the men of the country. These rights are provided to both married and
unmarried women. As constituted by international standards, the women have the right to
equivalence in the enjoyment of all its rights. These includes the right to access, inherit, control,
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use and own the land(Graham & D’Andrea(2020)). The CESCR provides on the equal rights of
both the men and women along with the enjoyment of all economic, social as well as the cultural
rights which needs that females have a right to own, use, control housing, land on an equal basis
with men, and to access necessary resources to do so. The monetary compensation is provided to
take back the aggrieved party into its actual position before such loss. In addition to this, the
injunction can be provided by the court in order to save the rights of the aggrieved party
(Nichols, (2019)).
Applicability of law-
Whether Jasmine can claim property rights on the land CT2345?
There are many international agreements like CESCR and OHCHR both talk about the
rights of women and how these rights should be equal regarding any land, resources,etc. to any
man. The Family Law Act,2003 also talks about the rights of women and how they can claim
rights in the property. Since, Jasmine is the daughter of Bal Singh she can claim for such similar
property. And also the couple has made many investments in the lifetime of Mr. Bal Singh they
should also look after such encumbrances. These rights are provided to any women(Schieder,
(2022)).
Whether Jasmine can claim for any injunction, remedy and monetary compensation from the
court?
Now in such given circumstances Jai Singh and Jasmine can approach the court to grant a
temporary injunction on the deal executed by Mr. Udham Singh until the matter is pending in the
court. And also, they can claim for specific relief as remedies since the court must adhere to the
fact that certain additional investments where done in the property. They can claim for
compensation for those investments in case such property is disturbed.
CONCLUSION
The rights of women and there livelihood should always be protected. In this case we can clearly
conclude there are many national and international laws which protects the rights of the women
and always have them on equal footing with men. The will is a necessary tool to generate once
wish but the rights of a married or unmarried women on her parental property is also protected.
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References:
Books and Journals
Ben, C., & Gounder, N. (2019). Property rights: Principles of customary land and urban
development in Fiji. Land use policy, 87, 104089.
Graham, A., & D’Andrea, A. (2020). Gender and human rights in coastal fisheries and
aquaculture: A comparative analysis of legislation in Fiji, Kiribati, Samoa, Solomon
Islands.
Nichols, A. (2019). Climate change, natural hazards, and relocation: insights from Nabukadra
and Navuniivi villages in Fiji. Climatic Change, 156(1), 255-271.
Schieder, D., (2022). COLONIZING MADNESS: Asylum and Community in Fiji. By Jacqueline
Leckie. Pacific Affairs, 95(1), pp.190-192.
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