Hi, you cannot claim your rights as it is a self Accquired property and your father is legally entitled to sell , transfer or mortgage as per his own wish

First of all the property which is undivided from four generation of male lineage and a joint family property is ancestral property.

If it is self acquired property you cannot claim same in life of the father the father can sell gift transfer same on his will.

No you wont be able if he sale and give money to brother to purchase property on his name.

If it is ancestral property it cannot be sold without consent of all the legal heirs.

1. NOBODY has any rights whatsoever, on the "alive" Fathers Self-Acquired Property, and the Father can Sell /Gift/ Lease /Mortgage /Donate /Whatever, WITHOUT any further reference to any of his Legal Heirs, UNLESS & UNTIL it is proved that Father is mentally unstable or that he is being coerced or threatened, to do so.

2. Once the "alive" Father Sell /Gift/ Lease /Mortgage /Donate /Whatever, to any one person (his legal heir), THEN other residual legal heirs shall have no jurisdiction to demand any share in the Fathers property.

3. HOWEVER, one /some of the Legal Heir/s can initiate a Civil Suit and jinx the mentioned transaction, by making the matter sub-judice and forcing all concerned parties to come to the negotiating table.

Keep Smiling .... Hemant Agarwal

Your father is at liberty to sell his self acquired property

You cannot claim any share in said property during father lifetime

If property is bought in brother name you can claim share in said property on father demise

1. Neither son nor daughter or his wife has got any rights on the self acquired property of father/husband.

2. So whether under influence or not if your father wishes to sell his property and buy a new one in the name of your brother you can in no way through legal means stop him from doing so.

3. However if you legitimately expect any financial assistance from your father you can make a free and frank discussion with him and he being your father would surely fulfill your wish.

Good luck.

Hello,

Till the time the father is alive you can not make any claim in the property that has been self acquired by your father during his life time.

It is upon your father to dispose of the property or not.

Regards

1. In Muslim law the concept of ancestral property is not recognised

2. The property of a Muslim is his absolute property and he can deal with it in any manner he likes, including selling it

3. If your father is agreeable to sale of his property by your brother and investment of sale proceeds in another property, then you as a prospective legal heir, or for that matter, any other sibling, cannot object against that

4. Please bear in mind that so long as your dad is alive, his children do not have any right whatsoever in father's property

5. The right of legal heirs including children will accrue only on demise of your father and not before that. Provided the father has not disposed of his property either by Will or sale to someone else

6. So legally you cannot do anything

7. Also the sale proceeds received on sale of current property will be used to buy another property in your brother's name. This means that your father has gifted the sale proceeds to your brother who then becomes entitled to deal with it in any manner he likes. So if he uses the gifted money to buy a property in his name then you cannot claim in that property by saying that it is your father's property as money was invested by your father.

8. Lastly the fact that you are married will not come in the way for you to claim in other properties of your father, after his demise, provided they are not sold or Willed by your father

9. The law is very clear on the point and unfortunately there is nothing which you can object against the proposed transaction described by you in your query

This is my honest opinion as per prevailing law under Sharia

As per shariah law Father can transfer his self acquired property to anybody according to his wish. Nobody can question it. but after death of father daughter can claim her share.

1) If there is only one daughter left (with no son) then she will get half of her fathers property.

2) In case they are two or more than two, then they will get two third (2/3) of their fathers property.

3) When there are sons along with daughters then each daughter will get one share and each son will get two shares. This distribution has been mentioned in Quran

No, your father is free to sell this property, the same being his self acquired property.

You cannot restraint him to make this sale or seek a share.

No, you can't claim a share in the property which your father buys in the name of your brother after he passes away.

1. During the lifetime of your father none of his legal heirs has any share in the property. He is free to sell, will or gift the property to anyone he desires.

2. Your father is also at liberty to sell the property and with its sale proceeds buy a new one in favour of his son.

3. Only and only if your father dies intestate i,e without making a will then his properties will devolve through intestate succession on his widow and all children equally.

Any persons self acquired property is at his own disposal and in case she wants to sell it nobody can stop him as your father is alive and he is selling his property to get benefited to his son you have no authority to stop this

Can I claim my part in the property before it is sold off or right after it is sold from my father? Considering my father is alive and I am married. Also, in case my father sells this property and buys one in my brothers name then later on (after my father passes away) will i be able to claim my part in it as the new property will be in my brothers name

The property standing on your father's name shall be his own and absolute property.

You cannot claim any share in it as a right during his lifetime.

The property he proposes to buy on your brother's name is your father's decision and once it is registered on your brother's name, it shall become your brother's own and absolute property, hence you cannot claim any share in that proeprty even after your father's demise.

We are a total of 3 sisters and 4 brothers (including the one who stays with my father) and wants to get evrything done in his name without sharing with all.

Since it is your father's self acquired property, neither you nor anyone has any rights over it.

It would be your father's own decision to transfer it to anyone of his choice and nobody can dispute it nor can claim any share in it as a right.

Dear Sir,

You make use of following settled law of the land.

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 September, 2005. So,as per law you mother has equal share in the property of her deceased father.

The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs. But what if there are more than one Class I heirs among whom the property of the deceased devolves? What rules are to be followed in such devolution. Section 10 of the Act lays down the rules to be followed in such cases. Section 10 provides as under:

Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-

Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.

Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.

Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

Rule 4.-The distribution of the share referred to in Rule 3-

(i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion;

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

This is my response to you:

1. Firstly in self-acquired property, the same can be sold by your father to anyone as per his wishes;

2. If you want to object, you can send a legal notice and stake claim;

3. Though you will not have merits, you can always play pressure tactics;

4. Last option is to approach court;

5. Consult a local lawyer and take steps.