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Sangeetha Sundar   23 November 2017

Share on father's property

Hi, This is Sangeetha from Chennai. I would like to get my share from my Father's property. I have an elder sister and an younger brother. Since I had a love marriage my father is not staying in touch with me for the past 2 years. So I am planning to get my share on my father's property now itself. It is not an ancestral property, everything is earned by my father. So please advice me as how to start the process and how soon we can acquire the share. My mail ID : ssangee86@gmail.com Thanks, Sangeetha.S


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 13 Replies

Kumar Doab (FIN)     23 November 2017

It is believed that you are all Hindu/covered by Hindu Succession Laws.

 

Confirm!

Kumar Doab (FIN)     23 November 2017

Son/Daughter/spouse...of Hindu male have NO forced share in his self earned/acquired estate/property.

So you may not have any share.

Your father may give you any estate/property by his sweet will.

 

Sangeetha Sundar   23 November 2017

So is that if I file a case for a share also I will not get any share on the property? But I heard that daughters also have equal rights on father's property. Also kindly let me know do my father has any right to say me not to enter his house and stay there in the future.

Adv. Aditya (Litigator GROSON ADVISORS)     24 November 2017

It is his property, as mentioned by you, through his self earned income. In such a property, no other person has any right to claim, if such father chooses not to give property to any of his relative, you included. as question posed by you, under succession laws, daughters were not treated at par with the males and to remedy that, succession laws now stand changed and daughters can claim same rights as enjoyed by a son, in ancestral property, and not in separate property that is owned by father through his earnings. 
as for the other part, if your father so chooses, he can file a civil suit to restrain you from entering his home. 

Haridwar.se.victim   24 November 2017

Hi experts

 

just wanted to know in such cases if grand child is born then can any share be sought in her/his name from the self acquired property .

thanks.

Kumar Doab (FIN)     24 November 2017

Dear LCI querist @ Haridwar.se.victim,

It is believed that all involved are Hindu.

Confirm!

Kumar Doab (FIN)     24 November 2017

Grandchild; grandson/daughter have NO forced share in self acquired property of Grandparent; Grandfather/Grandmother.


Grandchild; grandson/daughter have NO forced share in self acquired property of Grandparent; Grandfather/Grandmother, during their lifetime…..

Grandchild; grandson/daughter have NO forced share in self acquired property of Grandparent; Grandfather/Grandmother, during their lifetime…..and also after death till their ( i.e. Grandchildren’s)  parents i.e. their ; father/mother are alive.

 

Son/daughter have NO forced share in self acquired property of parent; father/mother, during their lifetime…..

 

1 Like

Kumar Doab (FIN)     24 November 2017

If Grandparent decease without disposing their self acquired property and leaving a valid WILL then their property/estate shall devolve upon their legal heirs e.g; Sons, daughters………….

 

And if parent decease without disposing their self acquired property and leaving a valid WILL then their property/estate shall devolve upon their legal heirs e.g; Sons, daughters………….

 

Thus for grandchild to be entitled to share in self acquired property of grandparents…………….the property has to devolve thru parents of grandchild…

1 Like

Haridwar.se.victim   24 November 2017

Hi Sir

yes we are Hindu. 

Kumar Doab (FIN)     24 November 2017

The query has been responded considering personal/succession law that applies to Hindu's..

1 Like

Shankar Balasaheb Dhumal (advocate)     28 November 2017

Hi In matter of self acquired property no one can claim for  share in  such property ( in the Life time of Owner’s)  

Kumar Doab (FIN)     02 December 2017

Dear LCI Querist @ Mrs.Sangeetha Sundar

 

Hope you shall take it positively.

If Hindu male deceases without disposing his estate/property in his life time by a valid/registered deed and/or WILL then his ClassI legal heirs; Mother(if alive as on date of his death), Wife(if alive as on date of his death), sons, daughters have 1st right for equal share………….in his self acquired/ancestral property per facts of the matter…………..

Since your father is alive as on date succession has not opened……

 

Kumar Doab (FIN)     02 December 2017

It is in your interest to repair relations with Parents as well as In Laws…

With time everything may improve.

Parents usually do not discriminate as far as children are concerned.

After all you and your child(ren) are their flesh  and blood also.

Likewise your husband and his child(ren) are their flesh  and blood also and you as Wife/Daughter in Law are the one that shall carry their bloodline forward.   

At the same time pls try to focus on to improve your financial health, be self reliant and financially independent for yours and your family’s sake.

Take good care of your health, financial well being and let us hope everything shall improve to good in future.

 

Avoid litigation as much as and as long as possible and more so when there are NO merits from legal perspectives…

 

Rest you may dicuss in person wit your own LOCAL counsels and proced as deemed fit to you at your end...


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