• Can I claim my father's property

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?
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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26 Answers

If he dies intestate, i.e, without executing a will, you can claim his property by virtue of being one of his legal heirs.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Yes u have equal right over the property with other legal heirs of ur father after his demise

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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.

S J Mathew
Advocate, Mumbai
3381 Answers
175 Consultations

5.0 on 5.0

1) you have no share in property standing in father name during his lifetime

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

U can claim after his demise only.

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
4167 Answers
258 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

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

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Succession Act 2006 provides right to daughters share in ancestral property. So You may do that.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1) you will have your share in the ancestoral property, but confirm your marriage date first.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Claim can be made after the death of your father or your father can gift the property to anyone during his life time.

Dalip Singh
Advocate, New Delhi
1039 Answers
36 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Find out that proof on your own.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

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.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You cannot claim this property as of now.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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