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property partition case filed by unmarried daughter


Dear All One of my friend is a unmarried lady of the 1st mother. Her father is remarried after the death of 1st wife, hence he is not paying any attention towards my friend. Though my friend is working in a Pvt. Co still her salary is not sufficient to meet her obligations. Therefore she wants to file a petition against her father for maintenance & property partition. Now her father is retired Govt. employee & drawing pension. FAMILY CHART 1) Father-Retired Govt. Employee-drawing pension 2) Step mother-House wife (1son-Minor) 3) 2 unmarried daughters of 01st wife (Major) Pls let me know the procedure to get Legal Heir Certificate & Property partition case along with maintenance case. What can be the possibilities of this case.
 
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FIN

Who is owner of the property: father?

Is it self acquired/ancestral?

Is the family Hindu?

 
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Dear Sir, Thanx for the prompt reply. The reply to your queries is given below.

1) Yes sir this Hindu Family

2) One House is ancestral & her father is leaving (its Joint property with uncle's)

3) One vacant plot in the name of the father

4) One house where my friend is leaving. This house is in the name of deceased mother.

Regds

 
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FIN

Ancestral property: Father and daughters are alive. Daughters can claim share.

Mother's Property: If it was self acquired/earned/absoloute property; Husband, Sons, Daughters have equal share.

Self Acquired Property of Father: NO one has forced share in it. he can dispose it in his life time in anyone's favor by a valid deed.

 

Maintainace: Daughter is major and employed. Can fend for herself.

 

 

 

 
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Lawyer in Hyderabad.wats app no.9989324294

Yes equal share for all
 
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CEO

Ancestral property: daughters and minor son through his next friend his  mothher/step mother can claim a share in it by partition. as they are coparcenors in the joint family  property.

Plot in the name of the father: It is his self acquired property. He can dispose it off or gift, exchange,mortgage, lease and do   all other acts  asserting his absolute  ownership of the property.None of the family members can claim any right in this properrty   as father can  do anything  with this property being absolute owner. He has full rights.

Deceased mother's property: Her  daughters    can claim equal share in this property.No need of any lefgal  heir certificate as the father i sstill live and  kicking. As for daughter's maingnennaxce is concerned she cantry for maintnenaceunder Hindu Adoption andn Maintnenaxe Act or Swction 125 Cr./P.C. Or if she is  sufficinetly qualifieed she  canget gainful employement somewhere.

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Please click thank you button for Ms Usha kapoor
 
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Please click thank you button for Ms Usha kapoor
 
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Advocate

How is that the property is ancestral! The daughter, if a major, has no enforceable rights at this stage.

 
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What may be the consequence after father's death in such case.

 
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