• Rights of a daughter

We are 3 children of my father. 2 daughters and a son. I am the eldest daughter. My father owns a property jointly with my younger sister. We have a family dispute since 25 years. I am in possession of the property he owns and I wish to claim a stake in his property what is the procedure and what are my rights as he is planning to give it only to my sister after his death. There is no will and I have already sent a notice to the Society to not create 3rd party interest or to stop any legal documentation till I am not physically present.
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

14 Answers

Under Indian Succession Act, if father was alive in September 2005 or after that, daughters have right in the inherit property.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. Since this property was jointly owned by your father and your younger sister during their lifetime you do not have any share in it.

2. in the event your father dies without a Will then you will inherit 1/3rd share in the 1/2 share of your father in te property thereby making you 1/6th share holder.

3. Now to claim your your due share you can file a suit for partition.

4. However you can not forcefully occupy the flat in the meantime and if you do at the time physical partition the price for enjoying the property exclusively will be deducted from your share of price.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. The property in question is owned jointly by your father and sister. You have no share in this property. During his lifetime your father is at liberty as a co-owner to transfer his share to your sister or anyone he desires. He can also sell, gift or mortgage it at his whims and fancies. Furthermore, he can make a will and bequeath it to your sister and exclude you totally from succession after his lifetime. Your sister too enjoys the same liberty in respect of her share.

2. Mere possession of the property does not make anyone the owner of it. Your sister or father can file a suit for recovery of possession along with mesne profits against you.

3. The society cannot accede to the demand made by you in the notice.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

What is your status Hindi property to get possession and ground on which society have to entertain your application?

Please note that if the property is self acquired property of father and it is jointly registered in the name of father and your sister you have no authority on the property.

Your father can dispose his share the way he wants and cannot be stopped by any of the children do exercises rights.

The society will not entertain your notice merely by living in the property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You have no share in father self acquired property during his lifetime

2) on demise of father intestate you can claim your share in property

3) if it is ancestral property file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
87916 Answers
6207 Consultations

5.0 on 5.0

1. the property is jointly owned by your father and sister

2. till your father is alive, he can do whatever he wishes with his property

3. the future legal heirs have no right in the property till owner is alive

4. so your father can make a Will or gift his share to a complete stranger without any reference to you

5. your letter to the society is of no consequence as it does not bind the society till the owner is alive

6. your right in the property will crystallize only after your father's death, provided he has not made a Will or gifted his share. If there is no Will or transfer during his lifetime, then your share in property will devolve on you as per intestate succession

7. you will have to sort things out amicably with your family members because legally you have no right in your father's property till he is alive

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Hello,

You can not make any claim in the self acquired property till the time the father is alive.

Also, if he wishes to give the property to one sister then the same is his right and you do not have any right to interfere in the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If this is his self acquired property, you cannot stake a claim in this property as a matter of right during the lifetime of your father.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear,

your father and sister is joint holder of this property so in this type of property

if 1 holder is died without any will, his or her share transferred automatically in

the name of 2nd holder.

So your right is not created in any manner.

You already sent them notice, pursue with this.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Since you are in the possession of the property from last 25 years in case father transfer it on her name and she claim possession of same then you can take plea of adverse possession as the property is possessed by you against the will of the owners, so they cannot ask you to leave possession but there wont be any ownership rights as in life of father he is sole owner and can transfer on his wish after death if no will then all legal heirs have equal share in property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have no stake in the property in his life time and he can dispense the property acc. to his choice in his life time.

Your inheritance right will arise on his intestate death.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the peoperty is self earned by your father then legally you cannot stop him from gifting or making will of that property in your sister's name. If in future your father dies intestate without legally giving it to your sister then you can claim your share in the share belonging to your father. But your father's share in such case will be devided between your brother and sister.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

This is my response to you:

1. If it is self acquired property on your father then he can chose to give to anyone he desires;

2. But if you have been in possession of the house for more than 12 years, then there is chance of proving adverse possession;

3. You must also be paying the utility bills etc.;

4. You may have to send a legal notice to stake a claim on it;

5. Last step is to file a suit for declaration of right, title and interest in the property,

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If this property is not in your name then you cannot claim any share in it as a right.

You have mentioned that the property is in the joint names of your fateh and yor sister, hence you may have to vacate and deliver vacant posssession of the proeprty if you are holding possession of the proeprty.

They are entitled to file an ejectment suit agaisnt you for ejecting you.

Your notice to the society to stop any legal documentation on the property is not legally valid and the society is not obligated to abide by your request or notice.

Better go for a compromise solution with them which may benefit you or else you will lose everything.

Mere possession of proeprty will not entitle you any rights over the property

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer