Daughter's right in father's property

Dear Sudhir,

Husband of ur sister has not right, in any manner, to claim the share in property of ur parents, whether ur sister is interested in property or not. Its only ur sister who can claim right in property of her parents.

As u mentioned that husband of ur sister has already filed a case for claiming share in property, firstly check whether he has filed the case on his own name or in the name of ur sister. If he has filed the suit on his own name then court will dismiss his case.

The other way to stop him is that all u siblings file a Suit for declaration in the COurt and claim ur share in the property. Any brother or sister can relinquish the his/her share in favour of remaining siblings.

you can contact me at saagar_bhatia@hotmail.com or on 09810262582 for any further legal advise.

Dear Sonal,

If u have a copy of Will, then go through it carefully and c if ur father mentioned anything about maintenance to be paid by ur brothers to the Mother.

Secondly, check if the business was being run by him as Karta of Family i.e. as HUF (Hindu Undivied Family) or on his own name.

you can contact me at saagar_bhatia@hotmail.com or at 09810262582

 Read this funny Section in Hindu Succession Act:

23. Special provision respecting dwelling houses


Where a Hindu intestate has left surviving him or her both male and female heirs specified in class I of the Schedule and his or her property includes a dwelling-house wholly occupied by members of his or her family, then, notwithstanding anything contained in this Act, the right of any such female heir to claim partition of the dwelling-house shall not arise until the male heirs choose to divide their respective shares therein; but the female heir shall be entitled to a right of residence therein:





PROVIDED that where such female heir is a daughter, she shall be entitled to a right of residence in the dwelling-house only if she is unmarried or has been deserted by or has separated from her husband or is a widow.

Yes your aunt has equal share in your grandfather's property for just ONE reason: i.e your Grandfather is not yet dead.

That is If your grand father had died before 2005, then daughters will NOT have any share.Only your father & father's brothers would have the share. But since your grandfather is still alive, your aunt also has equal share.

However, one point that might go against your aunt is: "she is married before 2005". On this count i think she has lost her right. It does NOT matter whether she is staying in her parent's house or husband's house.

So the conclusion is:

Since your grandfather is still alive, it will go against your father.

and since she is married before 2005, it will go against your aunt.

 

 

 

 

Sir.

My grandfather died (mother's father) and left no will of his property.  It is not ancestral property either.  can my mother have a equal share in the property.

 

 

Mr.Sarvesh... pls be clear on your questions.....very begining u said about ur grandfather if he sells any claim will arise??? thereafter u said ancestral property ...after amitav lohariwal's reply  ... then our friend Podicheti Srinivas further make it very clear........ exactly what he is saying is correct........ afterwards you are contrary to your previous statement, now u r saying that Grandma have the right by a will... then Rohit is cleared your doubt,, i too agree with him.. there is a will then ur grandma has the absolute right to dispose off tje property.... on her own discretion..... that's true... ok

Daughters must have equal share in father's property even if the will stands in favour of  his sons. In earlier days, people were of the opinion that marriages of daughters are so expensive than that of sons but now a days both marriages are equally expensive. There are still some fathers who don't treat equally to their daughters and believe that girls are "Paraya Dhan" and don't hv any claim after marriage. The fathers normally get rid of all sort of liabilities after the marriage and not bothered even if his daughter is starving.

On the contarary sons normally don't care for parents in oldage but father's affection remains unchanged for sons.

Why the society accept such kind of male domenance decisions? Girls are more caring for the parents now-a-days and can be seen everywhere.

My father & Mother expired, there is a property on my fathers name , does my married only sister (well settled in Hongkong)has a right on this property? I f yes how much percentage?

Some advocate/Lawyer Pls advice???