Daughter's share
Mohit
(Querist) 25 May 2011
This query is : Resolved
Dear All,
We are 5 member in family, My Father, Mother, Me, my Wife and sister.
My sister is not married but working with Salary of 18000PM
Under Influence of her friends she has already pressed charges of Physical violence, and mental tourture against me and my family.
My Salary is 20000PM and my father's pension is also 20000PM.
I had felt many times that she want share in father's wealth and this situation will be in front of us very soon.
Whatever wealth we have is earned by father and there is no ancestral property.
We have already given 1 bedroom flat+all household items+an alto in her name.
My Query is what is my father and family's laibility towards my sister. In case of calculating her share will it be the division of property only or total wealth earned by father. Also will the total wealth be divided in 2 parts (Me and my sister) or among all family members.
Even if she is earning 18000PM, will the conditions change to calculate the share or it doesn't matter if she earns or not.
Whether the money spent on my marriage be counted, and whether the money put aside for sister's marriage be counted in calculating her share.
Please let me know what law says about daughter's share in father's wealth.
one important query once the share is given to her, whether she owns a part on father's home as I read somewhere that unmarried girls cant be blocked to come on any reason.
adv. rajeev ( rajoo )
(Expert) 26 May 2011
Itz your father's property no body has got share in those properties. You sister cannot claim any share in the self acquired properties, your father can dispose of his properties as per his will and wish.
For other question my answer is No.
She has no right to claim.
Mohit
(Querist) 26 May 2011
Thnak you for your response.
One small query. In case my father dont prepare a will and in future in his absence can my sister file a case to get 50% of total wealth or it should be divided in all family members.
Your help is highly appreciated
R.Ramachandran
(Expert) 26 May 2011
If your father does not prepare any Will, then the property left behind by your father (both movable and immovable) will go EQUALLY to all legal heirs i.e. your mother, you and your sister.
If your father leaves any WILL (even if it is a registered Will) still your sister can challenge the WILL saying that the same was obtained by you by fraud, pressure, undue influence etc. However, if the WILL is registered one, since there will be WITNESSES to the same, on the basis of that you will be in a better position to defend the validity of the WILL.
Guest
(Expert) 27 May 2011
During the life time of your father neither you nor your sister can have any right to claim even a single paisa out of his self earned wealth.
After death of your father that all depends upon the perfectness of his will.
But still, any law cannot bar your sister to challenge the validity of the will on any ground depending upon the circumstances after the death of your father.
Mohit
(Querist) 27 May 2011
Thank you all for precious Advice. I would try to get the will prepared soon.
Gaurav Biyani
(Expert) 01 June 2011
Mr. Mohit i would suggest you to get the gift deed done in your and your mothers name or in your wifes and mothers name so that in future your sister cannot claim in any thing.
But Still any law cannot bar your sister to challenge the validity of the gift on any ground depending upon the circumstances.
