Not self earned property

You can claim share after death of your father but not during his life time.

Sister (female/Individual) may not be within such HUF and your claim that it is ancestral property is not supported by sufficient grounds.  Contact a local advocate and get his guidance on such assumptions by you.

You know the reality ,be moral ,not to be greedy just like typical Indian.

@shashi dhara hi sir I'm not greedy but the life fact is different. Dad having 2 wives. Me and my mom(1st wife) is abandoned by my father. I'm searching for a way to claim our rights. local advocate advising us that "property is not self earned by my father so i can get partition on it" but I don't see such law anywhere so seeking help from this forum

During your father's  lifetime you can not claim any share or right over the property.

You and your mother can file petition for maintenance ,so file maintenance ,if maintenance become pending then take attachment on that property.

Dear Querist,

 

The HSA comes into question when a Hindu dies intestate (without leaving a will). Thereafter, succession depends upon the rules as carried in the HSA. In case of a Hindu man dying intestate, his property goes to the class 1 heirs and after them class 2 heirs. 

 

The law says that a son does not have a legal right over the self-acquired property of his parents. However, he could claim his share if he can prove his contribution towards the acquisition of the property. Also, there is no chance for a son in receiving a share in the self-acquired property if his father has bequeathed his property to someone else, by means of a will, or a gift deed. He may be allowed to use the property on permission, but his parents are not under any obligation to allow him to live there. Moreover, a grandson does not have rights over the self-acquired property of his grandfather.

 

Regards,

Palak

Yes, father is the absolute owner; you or your mother has right during his lifetime. 

However, your mother can claim maintenance. If a minor, you are also entitled.