Married daughter's property rights
SHASHIDHAR A
(Querist) 17 March 2016
This query is : Resolved
Respected Sirs,
This is a query on the rights of married daughter on ancestor and self acquired property.
A married lady has Step Mother. This lady is the daughter of 1st wife to her Father. Her real Mother is no more. Post that, he got married second time, but she too passed away without children. Again he married for third time, however, he do not have any children with his third wife. To conclude, this married lady is the only child to her Father who had 3 wives, but no children to his 2nd and 3rd wife is surviving now.
Her father has two houses one each in B.Lore and Mysore. B.Lore property is a self-acquired one and the Mysore one is the ancestor property which he has acquired through his Father/Grand Father.
He has transferred the rights of Mysore property which is an ancestor property completely to his present wife. (3rd Wife). Now the property is in her name. He has not done this without consent of his only daughter nor has he has given a share in it.
Questions are:
1. Can this lady sue her Father for not providing a share in ancestor property, under the Hindu Succession Act, 2005?
2. Can she sue on the ground of getting STEP MOTHER Treatment? And not doing justice for his daughter.
3. Can she sue her STEP MOTHER for disturbing the love and affection between her and her Father. However, no evidences available to prove this.
4. What are her rights on her father’s self-acquired property of B.Lore?
5. Are there any other grounds/laws under which she can sue her Father and STEP MOTHER?
Kindly help.
Thanks a ton in advance.
Shashidhar A
kavksatyanarayana
(Expert) 17 March 2016
the married daughter have right over the ancestral property. the self acquired property by father, it is his wish to gift to any one and no one claim. for 2 and 3 it should be amicably decided.
Rajendra K Goyal
(Expert) 18 March 2016
She can claim her share in the ancestral(if it is ancestral) house.
However, if she claims at present, her father may transfer self acquired house in the name of step mother, it is advisable that she should discuss the matter with father rather to approach court directly.
