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Baranikumar (Govt Employee)     19 January 2011

Can daughter claim the Fathers self earned Property

Dear Sir,

Daughter and Son Married on same day and same place in the year 1993. Property is self earned by father. Now he has registered the property in the names of his two sons. Says that daughter can't claim his property being marriage expenses has been managed by mortgaging that property (But he has done marriage for both couples) and in few year property has been recovered from her father's own expense. Now he has registered the property for his two sons and his elder son (married while our marriage) is renovating and new construction by getting loan. They have never given any written statement or settlement to the daughter. They acts affectionately and says that their son-in-law will be getting property from his father so no Share to the daughter. Now my question is can she claim the property legally? If possible what is the way? Our motto is not to get property. Only to teach them what law and affection is.....

Thanking you


 8 Replies

Darshan Panchal (Advocate)     19 January 2011

daughter can not claim any right or share in the self acquired property of father it having been out of his own funds. he can dispose it of or settle in the manner he likes. had it been a an ancestral property would have been a different case. In this case he is free to give it away to sons and they are the absolute owners.

1 Like

Baranikumar (Govt Employee)     19 January 2011

Thanks Mr Darshan Panchal

I have some more doubts. We are in Tamil Nadu. Is above said applicable in all states.? Can I have written evidence (i.e. Act or Rule no. from any book). If possible pls. provide it.

Because I have similar problem vice versa in my case. My father says that rule in tamil nadu tells that women have EQUAL RIGHTS in father's property. So he is willing but hesitating to write his property to his only son and settling some amount for daughter. Because daughter may claim in future. He is asking tamil nadu govt. act and rule number for settling the property to their children.

If possible pls. provide it.


VIJAY MONGA (ADVOCATE)     19 January 2011

A self-acquired property can be disposed off by its owner in any manner he deems fit and proper during his/her life time.  These questions of claims arise only after the demise of the owner especially when the owner dies intestate otherwise neither daughter nor son can claim his/her share in a self-acquired or self-earned property of their father during their life time.

1 Like

S Dhakshina Murthy (none)     20 January 2011

I believe what Vijay  Monga says is accurate. I am not a lawer to quote any section of different acts.

However, I can recoment this book for you. It gives all the Land acts in Tamil Nadu since 1800s.

This book is $96. and will answer to question.

I am not an attorney nor what I offer here is legal. You approach an attorney for your final decision.

vikas bakshi (lawyer)     22 January 2011

basic fact is that if the property is self acquired by the father

the daughter cannot claim share

1. during the lifetime of father in any case.

1. if the father dies and there is a will & in which she has been expressly barred.

can cliam share

1. if the father dies and there is ni document of inheritance.

1 Like

vetrivelan.s (Consultancy )     28 January 2011

Dear all,

while i agree with the view of Mr. Vikas bakshi i would like to add one more point that it is not necessary// need not. be mentioned..  that she has to be barred expressly,  in other words if the WILL fixes the persons to whom the property will be passed on, will have the right over it and it is need not be the sons and may be any one else also.(since it is a self earned) this is any where in India. including the state of Tamil Nadu.

raj kumar ji (LAW STUDENT )     01 February 2011


Raj (Director)     26 April 2016

Hello Sir/Madam,

My great grandfather (Maternal Side) formed a public ltd company in 1939 related to mining. He had 3 sons and a daughter. His daughter got married in 1936, 3 years before the company was formed. My great grandfather was the M.D of the company having a share holding of 51 % .He expired in 1970  and his Sons handled the company for 4 decades of business after his death. However,  in his "Will" there's nothing mentioned about the company, he mentioned about the lands and other ancestral property. My grandmother expired in 1998 leaving behind 4 sons and a daughter as her legal heirs.


Being a daughter, does my grandmother or her legal heirs/successor hold the capacity to claim the share in the company/ maternal uncles. Can a civil/ corporate suit be filed by her legal heirs or successors? Please help.


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