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Home > Experts > Family Law > Can a married woman claim rights on her fathers property



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Can a married woman claim rights on her fathers property (Family Law)

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This query is : Resolved


Author : Aarti

Posted On 27 May 2011 at 11:21

Hi!

I am a house wife married in mumbai from the last 36 years. I was born in coimabtore with a couple of siblings. We are a total of 4 brothers and 3 sisters along with my mother. I doubt if my father has left behind any will of succession. My mother has gotten old and now my brothers intend to sell the property and divide the proceeds amongst themselves without giving anything to my mother. I fear that as my mother is old they have brainwashed her and are ultimately going to put her up in the old age home. I would like to find out how do we sisters put a hinderance to this sale of property.

Also we sisters would like to find out though all of us are married can we put a claim to our fathers property inspite of being married??

Thxs




Expert : R.Ramachandran

Posted On 27 May 2011 at 11:24

Please indicate the location of the property.
Also state whether the property is self-earned by your father or otherwise. If not a self-acquired property, then state how your father got that property and from whom?



Expert : R.Ramachandran

Posted On 27 May 2011 at 11:25

Also state as to when did your father die?



Author : Aarti

Posted On 27 May 2011 at 12:35

1. The property is located in Coimbatore,Tamil Nadu.

2.The Property of my father was self earned with his hard earned money.

3.My father expired on 18th Nov 1992



Expert : R.Ramachandran

Posted On 27 May 2011 at 12:40

Since it is a self-earned property of your father, and your father did not leave any will, the property left behind by will go by way of inheritance amongst all his legal heirs EQUALLY. The legal heirs are:
1. widow
2. son(s)
3. daughter(s) - married and unmarried both.
Thus the property will have to be shared by all the legal heirs, in your case at 1/8th each.
You sisters can ask for your share from your brothers. If they do not give, you can file a suit for partition. That will stall them from selling off the property.

Further, your mother can create a WILL or a Make a Gift in respect of her share (1/8th) in the property in favour of anybody. If she does not do so during her life time, then again her share will go by way of inheritance equally amongst all her legal heirs - viz., son(s) and daughter(s).



Author : Aarti

Posted On 27 May 2011 at 13:14

Thxs a ton for the valuable information.




Expert : Ravikant Soni

Posted On 27 May 2011 at 16:19

If in this kind of situation a father has died before Hindu succession act came into force leaving his self acquired property and three sons and a daughter. Can a grandson restrain his father as to alien the property??



Expert : Member (Account Deleted)

Posted On 27 May 2011 at 16:22

KINDLY NOTE THAT.
1.YOU ARE A MARRIED DAUGHTER OF DECEASED FATHER. YOUR BROTHERS DENYING SHARE IN HOUSE PROPERTY OF FATHER.
2 YOU MAY FILE A CIVIL SUIT FOR PARTITION OF SAID HOUSE PROPERTY MENTIONING ALL FACTS AND ALSO ENCLOSING THE SUPPORTING DOCUMENTS REGARDING YOUR LEGAL RIGHT.
YOU WILL SUCCEED IN GETING SHARE IN SAID PROPERTY.
3.IN THE MEAN TIME YOU MAY SEND A LEGAL NOTICE TO THE CITY SURVEY OFFICER FOR MENTIONING ALL FACTS AND YOUR SHARE IN SAID PROPERTY.AND MAKE NECESSARY NOTES ON PROPERTY RECORDS. YOU WILL SUCCEED.GOOD LUCK.
WRITE FOR ANY FURTHER HELP.GOOD LUCK.



Expert : R.Ramachandran

Posted On 27 May 2011 at 17:39

Dear Mr. Ravikant,
Yes, prior to HSA 1956, the property inherited from father / father's father or father's father's father would be treated as 'ancestral property'. Since it would be treated as ancestral property, the grandson would be a co-parcenar and therefore would be in a position to stop his father from selling the property. In such a situation, father should immediately partition the property.



Expert : Suresh Gupta

Posted On 01 June 2011 at 09:22

i agree with experts



Author : Aarti

Posted On 01 June 2011 at 09:38

Hello,

Thank you very much for your prior advice..With a little inquiry that we sisters were able to make from the brothers we have now learnt that one of the brothers has managed to get a will signed by my father. It is now unclear to us if it has been registered or no.

Assuming the fact that as a precautionary measure the same has been registered by my brother, can we sisters still claim a share in our fathers property? out of the 4 brothers 3 were staying overseas & only 1 brother was taking care of my parents.

Now he wants to sell the property, share the proceeds with the remaining 3 brothers and put my mother in an old age home.As a result the brothers have now teamed up as they are getting a very handsome share.

We all sisters are married & are staying in different parts of India. We were unaware of the will being in place.

Is it still possible for us to challenge the will of our father? Please guide us as to how we should proceed and if there are any chances of us from being benefited or is it a total waste of time.

Thank you once again!





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