Married daughter's right in fathers property
Priyanka Agrawal
(Querist) 27 June 2012
This query is : Resolved
I have a query regarding the same subject i.e. girls right in fathers property. can u plz guide us for a situation where the son is not ready n refuse to share rights in property with sister i.e. daughter & the remedies available to daughter to acuire her right.
Kindly guide through n oblige.
Thanking you.
SAINATH DEVALLA
(Expert) 27 June 2012
Is the father alive or dead?If the father is alive and the property is self earned nobody has a right over it unless he desires to give.If he is no more,and even in the absence of a will the son and the daughter have equal share in the self earned property of the father.If the son has played some mischief in denying his sister's share she can immediately file a suit to that effect.But her right of share does not vanish.
Adv.R.P.Chugh
(Expert) 27 June 2012
Dear Priyanka,
If father is dead - then in either case whether property was self acquired or ancestral - you have a right to seek your share, and getting it culled out by a process of partition.
If father is alive - then only if the property is ancestral or purchased from ancestral funds - you can seek to get your share culled out from the property.
In both the cases the quantum of your share is equal to that of your brother.
Good Luck !
