Sunina 28 November 2017

Question on father's property right to a daughter married ac

We are 3 children to our parents. 2 daughters and a son. My parents studied 3 of us well. I am eldest daughter to my parents. I got married to a person whose parents believes in Jesus but they are not legally converted Christians. My marriage was Christian Marriage hosted by a Licensed Church Pastor in Wedding Hall (Explained because I am confused if I come under christian woman or Hindu only). My parents want to do Hindu Marriages for my younger sister and younger brother. I got proposal from my husband before marriage. I confessed to my parents and they accepted it wholeheartedly. So basically mine is love cum arranged marriage. At the time of marriage my husband or his family didn't ask for anything. They said we don't want anything from you but if you want to give anything to your daughter, you can give. So my parents gave 2 cheap plots at the time of marriage. Same thing happened to my younger sister. She also got 2 cheapest plots from my parents at the time of marriage as a gift. My dad is a business man with lot of self acquired properties. Now he says he will give all the property to his only son because he is the one to look after them. My parents get so much income through the existing properties monthly through rents and fields. We 3 are staying in Foreign. My father is going to retire after 5 years from business. I told my dad that we 3 can look after you after your retirement. All of us are staying in foreign in same country and my parents are saying after retirement, we will come to all 3 of your houses based on your needs to help you and to stay with you. I asked my father that you are willing to give all the property to brother, he is not going to spend single rupee/penny on you because you are getting income upon your self acquired properties so brother is simply using that income to see you. So I requested my father to give the property equally for all 3 of us at the end so that me and sister also can take care of you in your old age. But he is willing to give it to his son upon lot of affection. My father said according to Hindu act, all the remaining property belongs to his son only. My brother is not so affectionate to my parents. So I worry that he changes his mind and don't care my parents at all after getting the property.

From childhood me and my sister have gone through so much partiality being girls and my brother got utmost attention and priority being a boy. Now also without doing anything he is getting so many assets. I knew that according to Hindu Succession Act in 2005, women have equal right in father's self acquired property. But I am married according to Christian Rituals but not a converted christian. So I don't know will I come under christian or Hindu.

"My question is : will I have right to claim for the property to share it equally among all as a christian woman? If my father writes a Property Will in favor to my brother, will I be able to ask my father through court for my share? If I have no right to claim, is there any other solution to my question?"

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3 Replies

Vijay Raj Mahajan (Advocate) 28 November 2017

Yes you are still a Hindu covered under the Hindu Succession Act, 1956. The Christian Marriage under the Indian Christian Marriage Act, 1872 can be legally solemnized between a Christian and non-Christian.

The father has right to give his property to anyone he so desire and that he can do by making a Will. If your father makes Will in favor of your brother to get all his property than you cannot claim your share under the Hindu Succession Act,1956 because that Act will come in play if the Hindu male dies intestate, namely making any Will or such testamentary document.

For detailed professional legal consultancy on this issue you can contact me through email.

vijaymahajan5758@gmailcom

Ankit Verma (Lawyer) 28 November 2017

First of all it is very sad to hear that you are saying that your father has given you the cheapest plot "cheapest".

Your father has full rights to give his properties to anyone, you can't claim it. He can make a will in favour of his son. or if he dies before making any will , then only you can claim your share in his property.

If he execute any will and dies intestate then after then you can challenge that will if that will is not registered. Registeration of will is only in the office of sub-registrar.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 02 December 2017

It makes no difference whether a will is registered or not registered. As it is his self-acquired property your father can will it in favour of any of his children. Don't tell your father that you will look after him, if he gives you property. You look after him in any case.