Right of married daughter on mother's property
kusum
(Querist) 13 June 2012
This query is : Resolved
My name is Kusum and married. After suicide of my mother my father re marriaged. At the time of suicide, my mother was owner of the house. Now my father neglected me. He supports my step mother family too. My step mother sold out my mother's jewellary too.
Can I claim on my mother's property and jewellary. Because the property document was on my mother's name.
Adv.R.P.Chugh
(Expert) 13 June 2012
How did mother get the property is very important here Kusum.
If she got the property from her parental side in inheritance then you get the property in toto, father is ousted completely.
If she gets it from her husband/or father in law or self acquired, then you share the property equally with the father.
In first situation you file a suit for exclusive possession of the property.
In second you can seek joint possession or a partition of the property.
As regards the jewellary you can file a suit for damages for wrongful sale of property/wrongful conversion, you can try initiating criminal action u/s 404/405 against them.
Feel free to talk !
ajay sethi
(Expert) 13 June 2012
did you mother leave behind a will? if she died intestate you are one of legal heirs of said house . no thrid party rights can be created by your father without your consent
if it is flat in cooperative society find out whether motherleft any nomination? has property been transferred in name of legal heirs on mother death?
Khaleel Ahmed
(Expert) 13 June 2012
You can sue for immovable property without any fear.But movable property such gold cash etc ., you have to prove before the court, the course of action will very hard.
A V Vishal
(Expert) 13 June 2012
Under S.14. of the Hindu Succession Act, Property of a female Hindu to be her absolute property.
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.- In this sub- section," property" includes both mov- able and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
A V Vishal
(Expert) 13 June 2012
Section 15 of the Hindu Succession Act, 1956 reads as follows :-
15. General rules of succession in the case of female Hindus.- (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.
A V Vishal
(Expert) 13 June 2012
So in the above case you may claim partition, however, it is restricted to 1/2 share.
adv. rajeev ( rajoo )
(Expert) 13 June 2012
File a suit for partition and seperate possession you will get your share.
Adv ramesh chheda
(Expert) 13 June 2012
hi
best and easiet way to claim back said property is to file criminal application under the provisions of domestic violence act against your father and step mother and also file criminal case for offence committed u/s. 406 against both the persons.
hope u r satisfied with the answer. in case if u need any further information than u may contact to replier on 9870112826, adv ramesh chheda who is frm mumbai and an expert on the subject related to offence committed against women
A V Vishal
(Expert) 13 June 2012
I totally disagree with the advise of Mr Chedda, however courts are sanely passing orders in such cases, Justice Shiv Narayan Dhingra of the Delhi High Court recently held that a daughter in-law cannot book her in-laws under the Domestic Violence Act, if the parents are not living with their son and his wife.
“There can be no domestic relationship of the wife of the son with the parents when the parents are not living with the son, and there can be no domestic relationship of a wife with the parents of her husband when the son, along with the wife, is living abroad.” The court concluded that to constitute a family and domestic relationship means staying / living together under the very same roof.
Applying the same ratio, How can a married daughter claim domestic voilence when she is residing in her matrimonial home
JANAK RAJ VATSA
(Expert) 13 June 2012
you have unhindered right in the property of your late mother. file suit for partition in the civil to claim your share
Shonee Kapoor
(Expert) 15 June 2012
You can get 1/2 share and file for partition of the property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
