Daughters share in parents property
mary mathews
(Querist) 05 May 2014
This query is : Resolved
I am a Syrian Christian daughter living in UAE. My parents live in Kerala.I have 2 brothers one of which is mentally handicapped and lives with my parents in kerala.The other brother lives in the US.My parents dont want to give me any part of their property they want to give all to my brother in the US.
I would like to have equal share in the property and assets of my parents and I think it is total injustice to cut me out of my share in the property especially since my husband is unemployed and I am the breadwinner of my family.I had a arranged marriage as per my parents wishes.My parents did give a small amount as dowry at the time of marriage but that is a pittance compared to the total value of their assets.I dont know if my father has written a will.If he has written a will giving everything to the son in US and other son do i have any right to challenge this?
What are my rights as a Syrian Christian woman?
ajay sethi
(Expert) 05 May 2014
your father can dispose of his property by will if he so desires .
for a will to be valid the testator has to be of sound mind and will should be signed by testator in presence of 2 witness .
Rajendra K Goyal
(Expert) 05 May 2014
He can make a will and give all of his property to your brother.
Raj Kumar Makkad
(Expert) 05 May 2014
Your father is absolutely free to devolve upon his property in the manner he likes even during his life time and after his demise, you cannot get the share if he executes a will in favour of your brother as per his desire.
Raj Kumar Makkad
(Expert) 05 May 2014
My above noted advice is based upon your religion viz. Christianity.
mary mathews
(Querist) 06 May 2014
Thanks for the replies.But what if some part of my fathers property is ancestral surely i can challenge the will since i believe ancestral property has to be divided equally among the children.I suppose after the Mary Roy verdict daughters also have equal right to property.
Please correct me if i am wrong.
R.V.RAO
(Expert) 06 May 2014
@author.yes.after the hindu succession amendment act 2005 ,both female and male legal heirs are entitled to equal share in ancestral property.
As such, Christians in general are governed by the Indian Succession Act of 1925 for succession purposes.
S. 2(d) of the Act defines an “Indian Christian” hereby: “Indian Christian” means a native of India who is, or in good faith claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion.
source:
http://www.lawteacher.net/property-trusts/essays/christian-law-of-succession
