• Can a daughter keep one of the rooms of her father's house locked?

My father (87) and mother (80) live in the self-earned property of my father. My elder unmarried sister was living with them ever since she was born. She recently retired from state government service as a senior officer and moved out of the house bag and baggage to another city 150 km away to her own house. Even when she was staying with them she was completely detached from them, didn't care for them and got her food cooked separately from her cook. My father is a pensioner and hence my parents had no financial obligation towards her, nor did they collect any rent from her. Now she has kept the empty room in which she was staying locked so it is not used by any member of the family. According to the will executed by my father, she has a share in the property. She has not taken anybody's permission to do so. 

My questions are 
1. Is she legally correct?
2. What are the options left to my parents to get the lock removed?
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

1. No, she has no right in the property as long as your father is alive.

2. It is your father's house. He may do so as he wishes. If he is not able to enjoy his property to the fullest because of the locked room, he may unlock it.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

1. your sister is not correct in putting her lock on the room in which use to stay

2. she is not the owner of the property

3. she cannot install any locks on your father's property

4. also your father has made a Will and given some share in the house to her

5. but that right does not get conferred automatically on your father making the Will

6. that right will crystallise only after the demise of your father

7. whatever bequests your father made in his Will, will take effect only after his death and not before

8. therefore the sister cannot put her lock on the room

9. the lock can be removed and your parents are at liberty to use that room as they wish

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

daughter cannot lock the room . call upon her to remove the lock

2) if she refuses your parents can break the lock as it is their self acquired property .

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

An unmarried that is the responsibility of the parents and due to this reason she might be keeping one room locked for herself but this is a self acquired property and your parents has all the right give the property with them she is not prevented to come to the house but she is not allowed to keep the room locked they can approach to the police you get help.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

the Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force. your sister can claim for the equal share in the father's self acquired property in the absence of any WILL or testamentary documents..

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. Adult children, have no right to enforce themselves on to their parents, for accomodation and neither the parents are bound in any way to provide accomodation to their adult children.

2. Parents can just simply file a police complaint, conduct a lock-open procedure with proper panchnama before witnesses and take exclusive possession of their room, without any further reference to the Children. Restraining order from the local Civil court also can be obtained by the Parents, restraining their children/s from entering their parents house.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

As your parents are alive and the property is self earned by your father, your sister do not have any right to lock the room and restrict them from entering it. A will comes into effect after the death of the executor i.e. your father. So right now she have no right on that room. And your father can break the lock and use the room without any restrictions.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Dear Client,

Till parents are alive, she has no right in the property.

It is their self acquired house, they can break the lock, no offense.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Is she legally correct?

Answer: She has no permission to lock the room. Since it is self-acquired property of the father he has sole ownership on that property. The shares of legal heirs can be divided as per the Will only after the demise of the owner and not before that;

2. What are the options left to my parents to get the lock removed?

Answer: The parents can break open the lock. They can file an NC at police station and file charges of criminal trespass against the daughter.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

She cannot keep a room locked legally in fathers property without permission of the father. Firstly they can break the lock of the room and can use it she cannot contend any where that she has put a lock over there. Secondly they can through court file an suit for the possession of the room,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hii

1) first the house belongs to your parents not to your sister hence she does not have rights to do so .

2) the will made by your father is what type of will as you did not mentioned the type of will , but legally the will is executed only after the death of a person who has will and your father is their. Hence your sister is illegal wrong.

3) it's you r fathers property he can do what ever he wants no one object him. Go head and break the lock and use the property

4.) And recently the supreme court has legalised the rules in favour of old parent for giving them justice that if children's who are not taking care for their parents they will not be liable for the shares on parents property's.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

If your father is living and the property is on his name, he can very well eject her.

Further, if she has abandoned the house or vacated with her bag and baggage, then he can very well break open the lock of the room and occupy the same. She cannot claim the same legally.

Even if she approaches court, she may not be successful nor any case is maintainable.

The will of yor father will come into force only after his lifetime.

Your father can cancel his will and write a fresh will even now.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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