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rajeshraj (business)     14 April 2014

Does married women having right on fathers property?

hello,

       i am 26 years old woman,my father was died before 6 months with out writing will.my mother was alive.my marriage was done before one month,did i have any rights on my father's property?...how can i claim it?..please help me with this

                                                                     thank you



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 4 Replies

Tajobsindia (Senior Partner )     14 April 2014

1.    Search for a local advocate; can be found via reference.

2.    Discuss brief with him and appoint him to represent your interest.

3.    Post 2005 – now a married daughter also would acquire ownership rights on the property from the time of her conception. She has the same rights of partition and power to deal with the property as she pleases, this right extends to seeking a partition and sale of the family home as well. Hence there is a complete parity in terms of rights.  However it would be profitable to remind ourselves that these rights extend to only ancestral properties and not separate properties (which include property earned by gift/will/acquired through purchase from own funds/acquisitions from own skill etc.) Find out the nature of your deceased father’s property before venturing out to discuss the same with an Advocate.

4.    The right to get your equivalent share of the property can be exercised only in cases where there has been no formal partition (partition either through court final decree or through a registered partition deed) before 20.12.2004. In case a partition has already been finalised before the said date, the right collapses. Find this out too.

5.    A married daughter can approach the Civil Court for seeking a partition from their brothers/family/mother etc. Their right is equal. Once acquired a lady is free to deal with the property the way she likes and it becomes her absolute property and her children have no right during her lifetime.

6.    A married daughter can file a suit for partition, on which certain court fees is payable. This court fee depends on the value of her share in the property and has to be calculated as per court fee chart.

Kumar Doab (FIN)     14 April 2014

Tajobsindia has nicely explained it. You may  follow the advise.

Your father seems to have expired 6 months back (i.e. succession has opened after year 2005) without leaving any WILL………………

It is believed that your father was Hindu and the property/estate is self acquired.

You, your mother, any other ClassI legal heir shall share the estate equally.

 

You can amicably share it or if you are anticipating resistance you may approach your lawyer and apply for partition.

You have the discretion to relinquish your right in favor of your mother and/or help her in any manner if she does not have enough resources to support her.

Senior Citizens Parents have also been given right to seek maintenance  from their children if they are not able to maintain themselves.

 

adv.raghavan (Advocate,9444674980)     14 April 2014

going by your statement, you are eligible for a share.

T. Kalaiselvan, Advocate (Advocate)     14 April 2014

As one among the legal heirs of your father you are entitled  to a legitimate share out of your father's movable and immovable properties which he left behind  upon his death intestate which will be equal to that of the other legal heirs.  Go ahead with your claim.


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