married dughter have any right on father's property
balakumar
(Querist) 01 July 2009
This query is : Resolved
sir, my name is Mamatha, i am married and i have one brother and two sisters in these my younger sister is yet marry. my father earned nearly 10 house sites in my town but he register all in my mothers name two years ago my father died.now my brother and my mother want to sale all house sites, and do my younger sister's marriage and the remaing will keep by my brother. they said you have n't any right on this property.
sir, pl. tell me shall i file a case aganist them, if there is any posibility
A V Vishal
(Expert) 01 July 2009
Dear Mamatha
Since it is self acquired property of your father, you along with your sisters have equal right and share in the property along with your mother and brother, You can file a suit for your share of the property.
Kiran Kumar
(Expert) 01 July 2009
Vishal is correct....move for suit for partition.
a.manoharan
(Expert) 02 July 2009
Dear both experts,
I hope both of you are wrong.As Hindu Suceession Act, after 1956, that once the property is in the name of her name , it always should be considered as self-acquired property. please refer Act
A V Vishal
(Expert) 02 July 2009
Thanks Manoharan, I missed the line stating that the plots are registered in the name of the mother, in such case the querist has no claim over the property.
V.Satya venkatarao
(Expert) 02 July 2009
Since the plots are in the name of the mother, she is the registered owner of the properties and the death of the father cannot raise any issues of sucession. The Mother will be at complete liberty to deal with the property in the manner she likes
Jayashree Hariharan
(Expert) 02 July 2009
s, mother is the only owner, and can do what she wants.
adv. rajeev ( rajoo )
(Expert) 02 July 2009
if you go for partition suit burden lies on you to prove that they were purchased by ur father. Only the properties earned by own skill amounts ti self earned properties
