LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sangeeta Kumari (Principal IP Associate)     19 March 2021

right in parents property

we are 2 sisters. I am married and my younger sis is persuing graduation.
we want share in the property of our parents. as they are challenging that we cannot do anything and they will give the whole property to their son.
are their any provisions undr which we can get justice .


 10 Replies

Mrityunjay Joshi   19 March 2021

Yes, 

You have a right to have the share of your father's Ancestor's property.

If your mother father are having the property from your forefathers or they will have the property registered on their names then you can claim the property by filing a suit in civil court. 

Sangeeta Kumari (Principal IP Associate)     19 March 2021

It is not ancestorial property. It is their own

 

 

Mrityunjay Joshi   19 March 2021

Hello Sangeeta Ma'am,

I apologize for reading your the other way round. 

You can not sue you father and mother for getting share from their property. 

Your father can bequeath his self- acquired property to anyone by virtue of a will. He does not require anyone’s consent and signature for the same. A legal heir, who has interest in property but has not been given anything by virtue of a will, can dispute it on the basis of the will’s authenticity when the probate is applied.

You and your sister do not have any right over your father's self-acquired property during your lifetime unless you are dependent on your father for being a differently abled person or for any other reason. If you are able bodied, sound of mind and a major, then you do not have any right over your father's self-acquired property till the time that He is alive. Your father can bequeath his property to anyone they want, including their son, by preparing a will. The will shall be come into effect only after their death.

Advocate Bhartesh goyal (advocate)     20 March 2021

No, you can not claim your parents property during their lifetime.

G.L.N. Prasad (Retired employee.)     20 March 2021

This is your clarification:  It is not ancestorial property. It is their own  

Self-acquired property can be given to anyone during their lifetime or through will after death.

You have no claim on that self-acquired property on their own by parents and you have to work hard and build your career without hoping for such a share or win over them with your conduct for a share through some legally valid deed.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 March 2021

Supreme Court rules that daughters have equal rights in their father's property. In its decision, the Supreme Court clarified two points: coparcenary rights are acquired by daughters on their birth; 

Dr J C Vashista (Lawyer)     21 March 2021

In self acquired property the titleholder (owner) may give or deny his/her children from the property. The titleholder can dispose it as s/he like. No one can have a share.

Adv. Mohit Chahal (Advocate)     21 March 2021

You cannot claim any right if your parents want to transfer their self acquired property to their son or anybody else.

Best Regards
Mohit Chahal
Advocate & Legal Consultant

Shashi Dhara   23 March 2021

Try to have good relation ship with parents,Ur mouth shud full of sweet honey words ,trap them to Ur side until Ur intention fulfils .

Manali Bhalerao (Practicing Advocate)     23 March 2021

Dear Client, If the property is self acquired then you can't have claim on such  property. As it is self acquired by your father.

Please Click the Like Button.

Regards,

Adv.Manali Bhalerao

855280095


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query