Property partition case filed by unmarried daughter

Who is owner of the property: father?

Is it self acquired/ancestral?

Is the family Hindu?

Dear Sir, Thanx for the prompt reply. The reply to your queries is given below.

1) Yes sir this Hindu Family

2) One House is ancestral & her father is leaving (its Joint property with uncle's)

3) One vacant plot in the name of the father

4) One house where my friend is leaving. This house is in the name of deceased mother.

Regds

Ancestral property: Father and daughters are alive. Daughters can claim share.

Mother's Property: If it was self acquired/earned/absoloute property; Husband, Sons, Daughters have equal share.

Self Acquired Property of Father: NO one has forced share in it. he can dispose it in his life time in anyone's favor by a valid deed.

Maintainace: Daughter is major and employed. Can fend for herself.

Ancestral property: daughters and minor son through his next friend his  mothher/step mother can claim a share in it by partition. as they are coparcenors in the joint family  property.

Plot in the name of the father: It is his self acquired property. He can dispose it off or gift, exchange,mortgage, lease and do   all other acts  asserting his absolute  ownership of the property.None of the family members can claim any right in this properrty   as father can  do anything  with this property being absolute owner. He has full rights.

Deceased mother's property: Her  daughters    can claim equal share in this property.No need of any lefgal  heir certificate as the father i sstill live and  kicking. As for daughter's maingnennaxce is concerned she cantry for maintnenaceunder Hindu Adoption andn Maintnenaxe Act or Swction 125 Cr./P.C. Or if she is  sufficinetly qualifieed she  canget gainful employement somewhere.

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How is that the property is ancestral! The daughter, if a major, has no enforceable rights at this stage.

What may be the consequence after father's death in such case.

If father dies without disposing his self acquired/earned estate (including immovable property) in his life time by a valid deed say: WILL,Gift,Sale etc then daughters have equal share in it also.

Status on Ancestral Property and Mother's property has already been posted.

Legal heir certificate is issued by tehsildar.

What exactly is the reason for your query(ies)?

If you post full facts, further response might be possible.

Actual the fact is.... Father is not paying any attention to both Daughters. Means he denied to do the marriage of them on the plea that he does not have enough money. Which is a lie since he must be having at least 50 lakh with him. Even he is not allowing them to stay with him. Therefore they are staying in a part of another house, which is in the name of deceased mother (out of 4 part 2 part is with my friend & rest two part is rented by his father. Rent taken by his father). Therefore they are very scared about there future, since their age of marriage is crossed now. They are managing their expenditure self & dont have any bank balance with them. All these cruel activity are pursuaded by the step mother.

Wife ( legally wedded) is not coparcener in ancestral property.

Children are coparcener in ancestral property.

Wife, mother, children, NO one has forced in self acquired/earned estate of father.

If father dies without disposing his self acquired/earned estate (including immovable property) in his life time by a valid deed say: WILL,Gift,Sale etc then daughters have equal share in it also.

Status on Ancestral Property and Mother's property has already been posted.

Which school of succession applies in this case; Mitakshara, Dayabhaga?

The property is in WEst Bengal,Assam or somewhere else?

Father can collect rent from ancestral property?

Property in Mother's name: From whom and how mother got the property?

Is father getting Family Pension?

It is obligation of father to marry daughters.

Unmarried daughters can claim maintainance.

Involve elders and try to resolve the matter.