barbie (home maker) 24 December 2014

Married daughter's right on father's property

Hi,

When I was 12 days old, my mother died.My father married another woman and has 2 sons.From my childhood my dad didn't take my responsibility and I was at my uncle(my own mom's brother).My uncle took my responsibility till I was 16yrs old then I moved on to a hostel where the management offered me a free seat and there I completed both my Inter,Degree. lateron after struggling my dad then for the first time paid my pg fee for 3years which is around 3lakhs.After completion of my PG I struggled very hard because my dad was not again ready to send monthly expenses.I got a good job and cleared all my previous debts till i had receiving the job.In 2012 I got married to a person whom my dad had chosen and my dad agreed to give 40lakhs amount in the form of dowry in a year.But till now we haven;t received any amount.The question is from my childhood he didn't care about my survival till today.Now I am pregnant but my dad didn't even inquire about my health in concern.Now I want to let my dad know that I am also his daughter and want a share in his entire property same as my brothers.he got completely surrendered to his second wife and written entire property on her name.this is an ancestral property where he sold to someone and bought the present land with that money and made on her name.

I want claim a share now in my father's property as such he didn't take any responsibility from my childhood.

Please suggest me

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4 Replies

rohit madan walimbe (Advocate) 24 December 2014

As per Hindu succession act amendment 2005 daughter have right same as son you can file suit

Advocate Bhartesh goyal (advocate) 24 December 2014

You can not claim any share in your father's self acquired property as he is alive and he has every right to transfer the same to anyone through sale,gift,will or by other mode but you have a legal right to get share in ancestral property so claim the share in ancestral property

Kumar Doab (FIN) 24 December 2014

Preferably thru an expert lawyer dealing in civil/revenue/property matters obtain the certified copies of property that was ancestral and was sold, and property that was purchased from the proceeds of the ancestral property.....

Once you have all the docs and evidence try for an amicable settlement with your father and he may agree to give you the equitable amount:::::::equal to your share..............

Avoid litigation.......to a tolerable limit.

Thereafter litigation and court of law is always an option.

After court and state is Parens Patriae (parent to the nation)....

saravanan s (legal advisor) 19 January 2015

according to the 2005 amendment of hsa daughters must get equal share in the ansestral property of their father if he dies after 2005 provided that the ansestral property is not partitioned till date. but in your case your dad had has sold the ancestral property and with that money he had bought a new property on his second wife name.if u can prove that he had bought the new property by selling the ansestral property through relevant documents then u can file a case in the court claiming share in the new property and also u r eligible for getting a share in the fathers self aquired property