• After father's death, is 15 year old daughter entitled to father's property

As per above
Asked 4 years ago in Property Law
Religion: Sikh

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19 Answers

Be it minor or major,

girl is having right to share and interest in the property of father except in the property earned by the father which is self acquired property..

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. Assuming that your father died intestate (without executing a WILL), then the right over the property devolves to your mother and her children.

2. Even though you are a minor, you are entitled to equal share in your father's self acquired property, along with your mother and other siblings(if there is any).

3. After you attain majority, i.e., 18 years, you can take independent decision regarding your share of the property.

Shashidhar S. Sastry
Advocate, Bangalore
4166 Answers
258 Consultations

5.0 on 5.0

1. As a natural guardian, your mother might have received balance amount in the bank, other property, etc..since you are a minor.

2. Your mother cannot sell the property now. since minor (your) rights are there and if she wants to sell the property she has to take Court's permission and use the proceeds only for the welfare of her minor's education, etc.

Shashidhar S. Sastry
Advocate, Bangalore
4166 Answers
258 Consultations

5.0 on 5.0

1. on the death of person all his properties is liable for equal division among his widow and children, if any.

2. In this case the person has left only the widow and daughter,

3. if that is so then the mother is liable to divide the property of her husband with her daughter in equal share.

4. If she can not then any person having concern for the child can apply to be appointed as guardian of the girl child through court and seek relief for her share in the property of her father, since deceased.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

i answered..

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

If the property stands in the name of the father, and he is alive as on date, the daughter cannot stake a claim over any of his properties..

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

On father demise his wife ,Daughter and other children would have equal share in property

2) wife is not absolute owner of deceased shares , money lying in bank account etc

3) she cannot sell daughter share without court consent

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

After the father,s death the all the legal hairs have the equal right in the property including the daughter.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

HI

The daughter was a minor at the time of demise of her father.

Both the daughter and wife are entitled to equal share in the properties of father in absence of will as per section 8 of Hindu succession Act(Sikhs are covered under Hindu succession Act)

The daughter can claim her share of property by filing a partition suit against the mother

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

The daughter has share in everything after father's death in father's property in case the daughter is minor the mother is legal guardian and trusty of the share of the daughters property.

In case daughter is not with mother but other legal guardian is appointed the legal guardian on behalf of daughter can file.for share of the daughter. Once daughter comes to age she can claim the property and share in movable.property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If any sale of property is done by mother when daughter is minor daughter can challange same

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further kindly clarify the facts the daughter through legal guardian approach court against mother.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

After the death of person all his movable and immovable properties are equally distributed among to his legal heirs by way of succession. The property could not sell or transfer to others even with out the permission of the court. As a natural guardian the mother can receive the bank cash by way of submitting the proper documents before the bank.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

Yes, the daughter has an equal share in the property if the father died without a Will.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

Daughter is equal share holder 1/2 in assets of father and being minor and mother her natural guardian, her share cannot used without court permission.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

After father's death,daught is 15years old Is she intitle for ,father;property,

x

As per above

The daughter whether major or minor by age, is a legal heir to her deceased father hence she is entitled to her legitimate share in her father's property as a right.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

after father;s death, wife claim the shares, bank baiance& other property.no claim given to daughter.Daughter is now 15years old.advise me throu e mail ID

The minor daughter, through her legal guardian can claim her share in the properties left behind by her father.

The legal guardian may be appointed through court on the basis of petition filed before it.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

as per above quistion

How are you related to this minor child?

If you are close relative to her, you may bear the litigation expense and get her relief by filing a petition seeking to appoint a court guardian to the minor child and to protect her interests in the property where her share of property is involved.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

This is my response to you:

1. Since the mother is the natural guardian of the child, the mother will get all the shares;

2. If the present guardian of the child is somebody else, that guardian on behalf of the child can claim a share on those movables and immovables;

3. Therefore state complete facts of the case;

4. Obtain a legal heir certificate as well as a succession certificate;

5. Both the certificates can assist in establishing the daughter as a legal heir.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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