Madhu (IT professional) 30 July 2012

Unmarried girl's right in property & assets

I am basically from orissa ,a sw engineer,working in mumbai. I have 2 elder brothers,1 married elder sister and a widow mother.One brother is married and has a child.All are staying in orissa.I sacrified almost first 25 years life for my family members personally, professionally and moneytarily. Still they dont value all those and trying to harm me wherever possible. After learning their truth, i stop helping and gifting them money or any other things. They are taking sort of revenge on me .When i need their support,they are not coperating me. They all feel that i am working girl and can sustain myself and earning more than enough money.I lost trust that they will support anything in future if i need any.

I am unmarried and would like to know that can i claim parts of father's property legally ? My father had residential and agricular lands. I know my parent had made few gold ornament for me. i had gifted to mother and family gold items by even saving my food and eating. I am sure if i ask now they wont give me.My mother supports me whenever i discussed with her but she cannot move alone without anybody's support.

Very often, i used to think to file a case against my family members but next i used to change my mind thinking about my parents. In fact i dont want to do even though i am tortured & harrashed mentally as they clearly deny any help to me.

I seek legal advice.Do i have legal rights in my parent property i.e land, gold? I am not sure about if my father had kept any money for me & future as he blindly trusted elder brothers till his death ? I dont think if he had done any WILL before his death? I know if i ask about money, they will tell everything spent on my study and care. Can i make WILL certificate for my mother atleast for ornaments by calling her to mumbai ?

Are these property legal views, and rights for an unmarried girl can differ state to state, district to district within India ?

This is a general questions.If any lawyer from Odisha,please advice me.

Please suggent me best ways so that i can free from tensions.

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2 Replies

Adv Archana Deshmukh (Practicing Advocate) 30 July 2012

Though I am not from Orissia, replying ur query,

You have equal share in your father's property along with your mother, brothers and sister. You can claim your 1/5th share by filing a suit for partition.

Madhu (IT professional) 31 July 2012

Dear Archana, thanks for reply.Surely i have to file a partition .I am doing my basic home work.I know this a public forum. After reading many post i found my thread is straight forword and easy handling.

I am just expecting that my family members will read this thread answers,posted by lawyer & indivisual across indian online people.

Still i hope i dont have to fight with my family for my shares,what i have rights by law ultimately.It will good if they realise it before i start court case against property.

Woman (married or unmarried or widow) cannot thrown so easily in this society.Everyone must realize this.Why this dual faced thoughts like women are laxmi but other end they used to kick her out.

I seek advice from Orissa lawyers .After all i have to do legal case in orissa itself.But laws should same for every states.

I can guess there are many such people,who may need such legal advice.I am not only one who has such issues.

Please dont not hesitate to post your valuable comments even thogh you all are not from orissa.

TIA,

Madhu