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RAVINDRA NATHA R J (MANAGER-MATERIALS SSD)     13 August 2011

Daughter's property right in her father's self earned prope.

Following person is only daughter to her parents.  She got married in the year 1993. She is 40 years. Her husband is aged 50 years unemployed he is heart patient.   He is not having any regular income .  She has 2 grown up daughters aged 17 & 15 years. 
 
She has 4 brothers.  All are married and settled separately and they are not staying with her parents.  Out of 4 brothers,  2nd brother expired leaving his wife & only daughter and they are staying separately.
 
Her father was having business and earned good property and he is having one house 3 - 4 house sitesas immovable property  in his name and he is also having gold & jewellery.  Her parents are alive they are sick and staying separately.  They are aged 75 years & 65 years. 
 
She wants to claim share in her father's property (parents property). Her father  don't want to give any share to her / to her husband. They say that  since shw was married off and whatever  to be given from their side in the form of gold and jewellary all that was given to her at the time of my marriage and  they are saying that  nothing to claim from them any more.  She is right now not comfortable financially & that is why she is asking for a share from her father's property.
 
Is she  eligible to claim  share in her father's property & if so  what is her share ?.  How to proceed in the matter ? What is the leagal route to claim the property from her parents ?
 
Kindly guide.
 
Regards
R.J.Ravindranatha
 


Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 August 2011

Daughter cannot calim any share in the self acquired property of the father.  She has no rights.  But after the death of the father she can claim her share.  When the properties are self acquired property of a father then he can dispose of those property according to his will and wish.

If the business is ancestral and properties earned out of the income received for that ancestral business then she can claim her share in the properties.


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