If he dies intestate, i.e, without executing a will, you can claim his property by virtue of being one of his legal heirs.
Iam married daughter and my father is live .my father get property from my grand father after division between my father and uncle.can i claim my share in father property?
If he dies intestate, i.e, without executing a will, you can claim his property by virtue of being one of his legal heirs.
can i claim my share in father property ? my father get property from my grand father after division between my father and uncle. my father is live .
1. The share which your father got in the property of his father i.e your grandfather on partition between between your father and his brother became the separate property of your father which is at par with self acquired property. During his lifetime you have no right to claim any share in this property.
2. There are no fetters on the right of your father to alienate his property during his lifetime.
Hello,
1) If the property is ancestral, you will have a share along with your parents and siblings in equal measure.
2) For the property to qualify as ancestral it should have been handed down 4 generations undivided.
3) Let a local lawyer inspect the property document to determine if it is ancestral.
please provide proof that iam not able to claim my father property during his lifetime
1. Since your father is alive, you cannot claim share in your father's property during his lifetime.
2. As per your narration, the property was originally bought by your grand father and through division of the property your father and uncle got the property and in your father's hands it is your father's self acquired property.
3. Being the absolute owner of self acquired property it is the prerogative of your father to do anything with the property during his lifetime.
4. In case of his intestate (without executing WILL) death, then you shall have equal share alongwith other legal heirs.
It is not ancestral property
2) it is grand father self acquired property inherited by your father in his demise
3) you have no share in such property
Property which has remained undivided for four generations is ancestral property
It is inherited property of father and you have no share in said property
Please understand that you are entitled for claim.
According to supreme court recent judgements 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.
I do not know full facts of your problem so better would be to have detailed discussion.
SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
1. No. The said property is owned by your father since he has inherited the same from his father.
2. You have no right, tile and interest on the said property during the life time of your father.
1. You can claim your father's property on ly if your father dies intestate.
2. In that case you shall inherit his said property alongwith his other legal heirs like your mother and his other children.
1. It is his property and that is proved.
2. There is no prove required to establish that you can claim other's properties even if he stands to be your father.
Claim can be made after the death of your father or your father can gift the property to anyone during his life time.
Iam married daughter and my father is live .my father get property from my grand father after division between my father and uncle.can i claim my share in father property?
You cannot claim any share in your father's property, even though he inherited it from his father, as a right at least not during his lifetime.
can i claim my share in father property ? my father get property from my grand father after division between my father and uncle. my father is live .
There is no share for you in the property during your father's lifetime.
Hence no case, even if you file one, shall be maintainable.
please provide proof that iam not able to claim my father property during his lifetime
You cannot get any share in his property as a right during his lifetime.
This is the position of law.
Yes you can, in your case if partition and rights are divided and distributed before [deleted] then no women member will have rights and liabilities in the ancestral property. Else they will have equal share.n your case if partition and rights are divided and distributed before [deleted] then no women member will have rights and liabilities in the ancestral property. Else they will have equal share, in your case if partition and rights are divided and distributed before [deleted] then no women member will have rights and liabilities in the ancestral property. Else they will have equal share.
By virtue of S.6 of the Hindu Succession Amendment act, 2005, the daughter by birth have the same rights and liabilities in the ancestral property. Therefore, you can claim the share in the ancestral property.
As per section 30 of the Hindu Succession Act, 1956, a Hindu may dispose of by Will or other testamentary disposition, any property which is capable of being disposed of by him, in accordance with the provisions of the Indian Succession Act, 1925 or any other law that is applicable to Hindus at the time.
There is no restriction under the Hindu succession Act or under the succession Act on the persons to whom a Hindu may bequeath his self-acquired and self-owned properties.
The same is not an ancestral property and therefore till the lifetime of your father you can not claim the same.
you can claim the share on the some if your father passes away without a will.
Regards
https://timesofindia.indiatimes.com/city/chandigarh/Woman-has-no-right-on-self-acquired-property-of-father-in-law-rules-HC/articleshow/55205626.cms
You may go through this article, and the same has been given in the Hindu Succession Act also.
Regards