Right of married daughter in father's property
Subject : right of ( HINDU Religion ) married daughters in father's property and assets ,if father has passed intestate(without nominee or will) in the state of karnataka state , india & how to initiate the process if other family members are not willing to share the assets
Facts of the issue
i need some clarification with regard to the my fathers self earned property or assets facts as follows
a) i married in 1998, living with my husband & one daughter ( hindu religion)
b) my father died two year before my marriage ( in 1997) & he had self earned few property & one business firm ( joint family business with 2 ( my uncles) of my fathers brothers ) now my brother represents my father in the firm
c) my mother alive & with one my brother ( married ) living with him
in my family Total of , me , l daughter ( married after my fathers death ) , 1 Brother ( married after my fathers death) & my mother ( my father's widow)
d) the business firm of my father was jointly founded by other 2 brothers of my father ,after my fathers death , now my one brother ( married ) represents in the firm along with my other 2 uncles
d) now i need to know what are the rights on my fathers property till today ( what is the my share on the fathers self earned property & on his business firm) please assist me for my better knowledge & feature plan of action
please provide me proper detail written legal opinion about my share with, all section number reference & guidance / procedure for how to start the process , if other family members are not willing to share the assets
Tumkur ( karnataka state)
mial id= Dominate27@gmail.com
Asked 3 years ago in Property Law from tumkur, Karnataka
1. You have right of share in the landed property of your father in undivided equal share with your brothers.
2. However you have no share in the joint business of your brothers.
3. if you are not getting your due share in the property, you can file a suit for partition to lay your claim.
with regard to joint business, it is not from my brother, joint business is my fathers , along with his two brothers , started in 1977( with my another 2 uncles, fathers brothers ) , now brother is just representing my fathers , please cross check my once again , its not my brothers , its puerly fathers business
please suggest now
Asked 3 years ago
Well, in that event you can claim share in the profit earned so far till the date of joining of your brothers.
1)since your father died intestate on his demise you have 1/3rd share in your father self acquired property .
2) similarly in your father family business your father share would devolve on you and other legal heirs
3)if your family members are not willing to give you a share you can issue legal notice and file suit for partition .
4) the best solution is to enter into deed of family settlement with your mother and brother for division of your father assets
Hi, you have equal right over the property as that of your brothers.
2. From your narration your father has left self acquired property and he has not execute any will so it has become joint family property and all the legal heirs of your deceased father has equal right.
3. As far has joint family business you have equal right over the business as that of your brother.
1. After the intestate demise of your father, you along with your mother and brother have a 1/3rd share in all the self acquired properties of your father. This includes the movable and immovable properties in respect of which he did not make a will.
2. If the other two legal heirs of your father i.e your mother and brother do not agree to give to you your lawful share then you may file a lawsuit for partition in the court to cull out your share in the properties of your deceased father.
3. As regards the business of your father, his share in the firm would devolve on his legal heirs after his demise.
4. You have no share in the share of your father's brothers.
5. If there is a consensus among you, your brother and mother to divide the property of your father the division can then take amicably by drawing up a deed of partition.
1. Your mother, brother and youself are 3 legal heirs of your deceased father's property,
2. You will have equal 1/3rd share of both the moveable property and the immoveable property(share of his business),
3. In the instant case, you should file a partition suit if your brother/mother refuses to share your deceased father's property,
4. If all are willing, then you can execute and register a sett;lement deed in this regard.
1. Yes, you have equal share on the share of the business of your deceased father,
2. You can also be a joint representative of your father's share of the said business,
3. Atleast you can demand your share of the profit earned from the share of your deceased father of the said joint business.
this is follow up further quarries of above my quistions
with regard to the , about my fathers business firm & what is my legal right on the business firm of my fathers share , once again i will explain about the same for your better knowledge for additional cross check , pls help me out with required procedure to follow for next process
Facts of the case
a) my fathers started business firm , along with his two brothers jointly , started in 1977( with my other 2 uncles, my fathers brothers ) ,
b) now my brother ( married in 2004 ) is just representing my fathers , from after my fathers death in 1997 in the firm (right now ,my brother & other 2 uncles are active in the firm)
& can i claim business income profit from past 15 years , which i have not received
anything or how it works
c) now what is my legal right on my fathers share of the firm , in my fathers family we are
totally 3 persons , my mother ( fathers widow ) , my self 1 daughter ( married 1998 after my
fathers death ) & 1 son ( married 2004 after my fathers death )
d ) i have knowledge , for some bank loan purpose NOC ( No objection certificate ) i have signed some few documents about 5 to 6 , years back ( without my husbands knowledge i was been emotionally blackmailed to sign the documents during that time ) , whether this will effect on my right of share on the firm & my husband not signed any documents in the NOC
e) if yes ( NOC affects my legal right ) how to nullify the said NOC & safe guard my legal right , please guide me the proper procedure, can my husband objects the said NOC & to safeguard my legal rights , please help me
f ) whether in my case, time limitation act , counts for NOC document ( my signed document) or not i need to know , how to counter the same document
g) now i request , what is my legal right on fathers share elaborately & if my other family members not cooperates for my right , how to proceed to regain my legal right , please explain hear for proper procedure for next process of action
Asked 3 years ago
1) the documents signed by you has to be perused to advice .
2) if you have signed deed of relinquishment you would not have any share .
3) in the event you take legal proceedings to claim your 1/3rd share in the share of your deceased father in the firm your brother will rely upon documents signed by you to deny your share .
4) your husband cannot object if deed of relinquishment or gift deed has been signed by you 6 years back
5) as mentioned earlier we cannot advice you on the legal remedy available to you without going through the contents of said document
6) you can issue legal notice to claim your share in father business and also share of profits . in reply to legal notice if any such relinquishment deed etc has been executed by you then your family members will rely upon the same to rebut your claim
Hi, your father has running joint family business and after the expiry of your father your brother representing in the business.
2. you have 1/3rd share in the business of your father.
3. Provided if you have executed any release deed or relinquishment deed in favour of your brother then you don't have any right in the share of your father.
1. The nature of document signed by you is required to be perused threadbare before forming an opinion. If the document in question is a family settlement deed or relinquishment deed whereby and whereunder you have given up your share then you cannot claim a share now.
2. If you signed the document in question without free consent you may challenge it in the court to cull out your 1/3rd share in the property. Only in the event the court holds the said document to be illegal you will be able to enforce your share.
3. If you have executed a family settlement deed or relinquishment deed then it must have been registered. As such, you may obtain a certified copy of the said deed from the office of registrar and show it to a lawyer to get the complete picture.
1. It has already been advised in my earlier post that you are entitled to 1/3rd share of your deceased father's immoveable and moveable property,
2. If you have already signed some relinquishment deed, then you do not have any further claim on your share,
3. What document you have signed is required to be seen for further advice,
4. Your husband has got no roll to play in this matter during your life time,
5. You can certainly claim your share on the earnings from your father's share of the business till date from the date of his demise,
6. File a partition suit and in reply to that, your brother will submit all documents you have signed to enable you to see what you have signed to counter those documents.