• Mother property on the name of daughters

Hi
I am swapna omkar age 39
My father has 4 daughters and I m the eldest daughter 
All four daughters are married and well settled 
Now my mother died 8 months before and she had property on her name 
We are asking to my father to distribute the property to all four daughters but my father is not listening and planning to get married 

We want to know that what is our stand on that property can we challenge my father in the court or take legal action 

PS : said property is earned by mother alone and she is income tax accessed

Regards 
Swapna
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) on demise of mother 4 daughters are legal heirs

2) since father is refusing to give daughters their share in property file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Hi, As per law all the legal heirs have right over the properties you have 1/5 th share in the property so you can file suit for partition before the Jurisdictional court you will get your share in the property.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

hello,

The Married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005. Yes you can take legal action

regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1) no problem if you claim property after 5 years

2) you don't need any document from father as you have equal share in property

3) you can file suit for partition for claiming your share even if your sisters don't claim share

4) step mother will not have share in property. She can claim only your father share

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

The property lying on yor deceased other's name shall devolve equally on all her legal heirs consisting her husband and her children.

You will be entitled to 1/5th share in the property

You can file a partition suit if your father is not trying to settle the matter amicably.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

You are also entitled to a proportionate rental income out of that property.

You can file a partition suit by yourself if your other sisters are not willing to participate in the legal dispute/proceedings.

Your father has to answer the court in this regard.

There is no limitation for filing partition suit.

Your step mother has no rights in your mother's property.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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