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Girlchild2 (NA)     19 November 2014

Rights of married daughter in father`s property

Dear Sir/Madam,

We are Christians and my father had purchased land from his own savings in coorg.

My father died and did not make a will. We are 3 siblings (2 brothers & a myself a girl).

I got married about 10years back. My eldest brother is pressurising my mother to transsfer the

property in his name so that he can sell the same, and my mother seems to support him against

mine and my 2nd brother`s wishes. 

My question is:

- Am i entitled to equal share in the property?

-what can we do to stop my mother from transferring the property in his name and ensure 

  that the proceeds of the sale is equally divided among the 3 siblings and my mother? 

Please make note that we are Christians and this is a property bought by my father from his savings.

 

Thanks in Advance



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     19 November 2014

Under the Indian Succession Act 1925, the children inherit equally. That means female child is entitled to a share equal to that of her brother if the father dies intestate. The provisions of section 37 of the act refers.

As far as Christian women are concerned the community and the Church with its strong patriarchal tradition is compelled women to remain subjugated.Socialization starts at the early life of a girl to become submissive and not to assert their rights. Hence, Christian women are in general reluctant to assert or demand their rights. Consequently the cases that come to court asking for share of the family property are also very few.

However you are entitled to a an equal share in your father's intestate properties at par with the other legal heirs of your father, first send a legal notice for partition of property, if the notice fails to invoke any response, you may file a partition suit.  Take the help of a local lawyer for further issues.

intestate

D.Dakshina Moorthy (Sr.Office Superintendent)     20 December 2014

Dear Kalaiselvan Sir,

Will you please give me your contact mobile No. . This will more helpful for some legal consultations.

With kind regards,

 

D.Dakshina Murthy


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