Without inform me my father gave a settlement the property t

This query is : Resolved 

Querist : Anonymous (Querist)
13 December 2019

Hello sir i am v.lalitha from chennai and married on 2004 having one girl baby aged now 13. My father has a self earned property in 2016 he gave settlement to is my brother without inform me and dont even mentioned in my name in any of the settlement deed. My brother sold that property last year. Now can i have rights to file the complaint against my father and my brother is it possible. Please guide me the experts. I am looking for your comments

Sb Karma (Expert)
13 December 2019

Property for daughter can be defined as follow----But I will suggest Please consult a local lawyer who will assist you best,may be he may find loop holes which may benefit you......

1. If property is ancestral
Under the Hindu law, property is divided into two types: ancestral and self-acquired. Ancestral property is defined as one that is inherited up to four generations of male lineage and should have remained undivided throughout this period. For descendants, be it a daughter or son, an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property. So, by law, a father cannot will such property to anyone he wants to, or deprive a daughter of her share in it. By birth, a daughter has a share in the ancestral property.

2. If property has been self-acquired by father
In the case of a self-acquired property, that is, where a father has bought a piece of land or house with his own money, a daughter is on weaker ground. The father, in this case, has the right to gift the property or will it to anyone he wants, and a daughter will not be able to raise an objection.

3. If father dies intestate
If the father dies intestate, that is, without leaving a will, all legal heirs have an equal right to the property. The Hindu Succession Act categorises a male’s heirs into four classes and the inheritable property goes first to Class I heirs. These include the widow, daughters and sons, among others. Each heir is entitled to one part of the property, which means that as a daughter you have a right to a share in your father’s property.

4. If daughter is married
Before 2005, the Hindu Succession Act considered daughters only as members of the Hindu Undivided Family (HUF), not coparceners. The latter are the lineal descendants of a common ancestor, with the first four generations having a birth right to ancestral or self-acquired property. However, once the daughter was married, she was no longer considered a member of the HUF. After the 2005 amendment, the daughter has been recognised as a corparcener and her marital status makes no difference to her right over the father’s property.

5. If daughter was born or father died before 2005
It does not matter if the daughter was born before or after 9 September 2005, when the amendment to the Act was carried out. She will have the same rights as a son to the father’s property, be it ancestral or self-acquired, irrespective of her date of birth. On the other hand, the father has to have been alive on 9 September 2005 for the daughter to stake a claim over his property. If he had died before 2005, she will have no right over the ancestral property, and self-acquired property will be distributed as per the father’s will.

Sudhir KumarOnline (Expert)
13 December 2019

You have no claim

K RajasekharanOnline (Expert)
13 December 2019

Other learned expert has clearly and rightly answered the query already.

As he says you have absolutely no claim in the property.

Any person, including a father like yours, has absolute authority to legally dispense of his property, if it is self acquired, in whatever ways he likes, without consulting or informing anyone, including his children or family members.

The legal heirs have legal claim only in ancestral property which is almost not in existence nowadays, except in rare cases in many parts of the country.

kavksatyanarayanaOnline (Expert)
13 December 2019

As it is your father's self acquired property, you have no claim to ask your father. Your brother is not concerned.

sankar narayanan Online (Expert)
13 December 2019

simple you have no claim

Raj Kumar MakkadOnline (Expert)
13 December 2019

Why your father was bound to ask from you before settlement? Which law binds him for doing this when the property was his self acquired?

Forget everything and be cool now.

T. Kalaiselvan, Advocate Online (Expert)
30 December 2019

This was your father's self acquired property.
Therefore he do not have to seek permission or consent from you or from anyone to transfer this property by a registered settlement deed to his son, i.e., your brother.
Since it is his own and absolute property, you do not have any rights over it even for asking a share in it.
You cannot file any suit asking for a share in the property to which you are not entitled.
Therefore dont waste time, money and energy on any misguidance to file a suit in the name of asking for a share in the property, it is not tenable in law and you will be fighting a losing legal battle.

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