• Married daughters share in live father's and ancestral assets

Sir,
Injustice happened to we 4 sisters.
Our grandfather, died in 1977, left many assets. 
We are 4 sisters and 3 brothers born to our father and mother who are still alive. Our father always ill-treated his daughters. in 1984,1985,1986 he transferred all ancestral and self-earned assets on to our mother and 3 brothers without our consent and knowledge. In 2015 our father arranged so called
 "Lawad Niwada" secretly, and made final partition of assets without our consent, and he again have totally deprived of any share in assets to his 4 married daughters(we).
Kindly advise we helpless sisters. With regards....Thank you.
Asked 8 years ago in Property Law
Religion: Hindu

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4 Answers

Father can transfer his self acquired assets in favour of mother and sons by gift deed

2) kindly clarify on what basis you say property is ancestral . Merely because father inherited property from your grand father would not make it ancestral property

3) property which has remained undivided for 4 generations is ancestral property

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

You can obtain my contact details through the website

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

Please be aware of the prevailing law of the land on the meaning of 'Ancestral Property"

Just becasue the property belonged to your grandfather, it cannot be termed as 'ancestral property'

The property inherited by your father from his father shall be his own and absolute property besides his own self acquired property.

Your father who has transferred the property to his sons and your mother by registered partition ded and settlement deed has full rights to do so and his authority over this or this transfer cannot be questioned by anyone.

He has full rights to dispose his own and absolute properties in the manner he may desice as per his desire and to the persons of his own choice.

You cannot compel him to allot you any share out of his property when he is not willing to to it.

Even if you would file any partition suit, it is not maintainable in law and finally it will turn out to be a waste of time, money and energy, because as per law you are not entitled to any share in your father's property as a right hence you may not succeed.

Instead you may try some other method to get a share of property from your father by arranging a meeting involving elders of the family and arrive at a consensus to fetch you some fruit.

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

May I know contact number and office address of Mr Ajay Sethi, Advocate,Mumbai. I personally want to see him with regard to lodging this partition case in Mumbai High Court.

You can book a phone consultation with the learned lawyer Mr. Sethi through the option available in the forum and can get his details, if he would divulge.

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

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