How can daughter get share of parents' property
I'm the eldest child of parents, a girl.I have 2 brothers under me.My parents were so cunning and tricky to give minimum as possible from family income or property. They wanted to give everything to their sons. They were not interested in having a good marriage for me. Yhey wanted me to go with someone so that they won't be able to give any money to me.But I requested marriage with a person who was brought by some family friend because even though I'm getting old the parents were neglecting me. They gave me 3 lakhs on marriage. Out of which on my request, they bought a property for 1 lakh on my request but not in my name. The 2 lakhs was taken from me back saying that they will get good interest on that.But never added my name for the account. These happened in 1992-1993. They have not given anything for my husband or their family other than this..My parents had ancestroral property from my fathers side, which they sold and purchased a land for one of their son. And the house we lived in Ernakulam district and the plot, they want to give to the younger son. The parents used to give me money little bit by bit when I get emergr=ency needs, But not the bulk amt. Later they said they sold the property which they bought for 1 lakh for 3 lakh each for a cent. And geave me small portions of money little by little.My life was strangled by their deeds.Now they say all my money they have given me completely.Whenever my brother had to spend some money for me, then they will give those back taking money from my property.Now being tormented on monetory factro, my life never got a chance to prosper the way it should. Always leading a life of tears. All the children are in us now. My brothers and families doing well with properties in India too. I came to us but got GC recently.Still suffering on financial side. My parents cheated me.They are now willing to give me anything as I'm born as a daughter. Even they want me to bow down infront of my younger brothers.My request is to advice me how to get my portion one third of the whole property they have. I feel so bad that my life was totally shattered by my parents.I think they already made will giving everything to my brothers. My father was working,Please advice what should I do.Thanks
Asked 2 years ago in Family Law from United States
1) you have no share in your parents self acquired property during their lifetime.
2) it is only if they die intestate ie without a will would you have equal share as your brothers in the properties of your parents
3) Christians are governed by provisions of Indian succession act There is no concept of ancestral property under the Indian Succession Act.
Hi, your parents has any ancestral property then only you have share in the property if the parents has self acquired property then you don't have share in the property.
1. Only the ancestral properties are prone to equal division among the legal heirs.
2. For self acquired properties the owner can make bequests to anyone he chooses.
3. in other words you can not force your parents to give anything through legal recourse.If they wish then only they can give.
1. You can claim no share on the self acquired property of your parents property during their life time,
2. You can claim your share on their property if, and only if, they expire intestate i.e. without bleaving any will,
3. Your parents have not cheated you. They have the right to give the property to anybody they wish to without taking anybody's consent.
From your facts, it is not clear as to whether your parents are still having any ancestral property or not. You have stated that one of the ancestral property was sold for the purpose of your brother. you can claim an equal share from that property. From the self acquired property, you cannot claim any share.
1. Where is the question of cheating? Your parents have exercised their lawful proprietary rights. During their life time your parents are at liberty to sell, gift or will their property in favour of any one they so desire. You have no right to legally question their right to deal with their property in any manner whatsoever.
2. If your parents die without making a will, you and your brothers will succeed equally to their property. However, during their lifetime neither you nor your brothers have any share in their property. You cannot seek an injunction to restrain them from dealing with their property.
3. The concept of ancestral property does not apply to Christians.