Prorety share in fathers property.

shreya kiran (Querist) 13 June 2014 This query is : Resolved
Dear Expert,
I m 26 yrs married girl. i married before 2yrs. my father(66yrs) & mother(63yrs) both are retired.i have 1 unmarried elder sister. also have 1 step brother & step sister. both are mentally ill and married.brother have 2 sons and sister have 2 daughters. there life partner are mentally normal. my step mother passed away. my father have some property out of which some farm and home got by grand parent and some earn by him and my mother. but now my sister in law says that all property belongs to her husband and her children. all my papa's pension go for their grand children education and expenses. 90% expenses of my marriage done by my mom. can we both sister & my mom claim for the property of my father.my mom also contributed in some property owned by him.papa doesn't give us money or share in farm product.all expenses of home & my papa done by my mom. his pension goes to his son as him doesn't do anything.And my sister in law always Quarrel with us when we went to that home.she lives in our ancestral home. n my mom, sis and father lives in separate home which is build by my mom. we both real sisters are post graduate. And our papa don't listen us. our sister in law try to make my papa's mind against us by emotional black mailing. Can we claim for property. but most probably we want to claim it after my papa life.as i don't want any misunderstanding between us & him . papa is against for will.
what should we do?
many thanks in advance.
please advise me.

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ajay sethi (Expert) 13 June 2014
1) during your father lifetime neither your sister in law nor you have any claim on your father property .

2) your father can by will bequeath property to you or any one he so desires

3) if the said property is in joint names your mother can claim her share .

4) your mother can claim maintenance from your father . she can file DV case against her husband if she so desire

5) in the event your father dies intestate your mother , step children , you and your sister would be legal heirs

Nadeem Qureshi (Expert) 13 June 2014
Dear Querist
you and your brother and sister can claim on ancestral properties but are not entitled to get any share from his own property.
Your mother can claim only maintenance and not any share in property during his lifetime but if he died intestate then she can claim along with all other legal heirs.
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