Hello sir/ma'am, I am married but widowed woman. My father , mother , brothers and sisters are alive. My father hasn't made will until now. My father has maintained majority of his wealth in the name of my mother. My father is ex-employee of HAL, retired in the 2004-05. In my family,there are 4 sisters including me and 1 elder brother. Am I possess legal right/share over all my father's wealth including ancestral ,self-acquired property ,self-earned wealth??? What are preparations needed currently so to strengthen my claim after death of my father??? I don't want to disclose this affair at present to my family members. Please guide me ....
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Ancestral Property
Yes, you have rights on your father's property, limited to ancestral, just like your brothers as per hindu succesion act (amended).
Self Earned/acquired
if your father died intestate then you make a claim on the property being his legal heir, else property will be distributed as per the WILL,
- The Married daughter has equal right in the parental Property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005.
- Further, even , in ancestral property , you have a share in the property and you can claim it anytime during the life time of your father OR even after his death as well .
- Further, as per the law, in case a person dies interstate, his property can be claimed by his Class-I heirs that include: Son. Daughter .
- You should watch the other members of your family for any sell/transfer of any share from the property to any third person or to any member of your family.
- If, anyone is tryng to sell/transfer during the life time of your father or your parent is going to transfer any right in the property , then you have option to stop the said transaction after issuing notice and filing a case before the court of law as well.
Good luck and dont forget to rating positively.
Dear Madam,
Daughters are entitled for share in the properties of father irrespective of marital status. If any gift deed or will executed in favor of sons then file partition suit and seek for cancellation of such deed saying it was got executed forcibly or otherwise.
Please consult a lawyer with detailed documents, and he would be able to assist you more. If the person has died interstate, the property will be divided as per section 8 of Hindu succession act
According to recent Supreme Court Judgment, if the father died after September 2005 then daughters will have equal share in the self acquired property of the father and it will be distributed among all the legal heirs and your mother can claim for equal share in the self acquired property of your father.
If father passed away before September 2005 the daughters will have no share in the property.
But if the property was an ancestral property then the property will be distributed according to the Hindu Succession Act.
The daughters have rights to ancestral property by birth like men. As far as your father's self acquired property is concerned you cannot claim a share if he gives it away to his son or to anyone as you have no right to it. But if he does without a will you have a share in that too.
You should be vigilant and after the death file a partition suit immediately if you see that the property share is not being given to you.
Regards
Yes you have equal rights on both self acquired and ancestral Property of your father. You can ask them to execute partition deed to smoothly distribute the same
You can claim in your father's self acquired or ancestral property, you can claim equal share in father self acquired property, if your fathers died without will but in ancestral property you can claim your share.
No in life of father you have right over only joint property of family and the ancestral property if any you don't have any right on the self acquired property, After intestate demise of father that is without will only you have right,
You hav e no share in father self acquired property
2) if father died intestate you would have equal share in his self acquired and inherited property
3) you can claim share in ancestral property during father lifetime
If he does not dispose of his property during his lifetime or does not make a will during his lifetime then after the death you may stake claim in the said property.
Otherwise at this stage nothing can be done to stake claim in the said property.
Regards
Q-1.What if father tries to make will in favour of his sole son due to fear of my intension??? Can I able to cancel such will ??? Q-2 After demise of my father,can I legally freeze all his assets from distribution until decree of court delivered? Q-3 What are bare minimum documents needed to file court case for above mentioned subject ?
1. No.father is absolute owner and such will cannot be cancelled.
2. If there is no will then yes.
3. Property.documents and proof of heirship.
You can challenge the will if he tries to give his self acquired Property. You require the copy of will and all other documents supporting your grounds
1) father can execute will bequeathing his self acquired property to his son
2) you are at liberty challenge the will
3) obtain stay order restraining beneficiary from disposing of property pending hearing and final disposal of suit
1. if he makes a will you can challenge it making various reasons but chances will be low
2. depends upon contents/ground for freezing assets
3. inability of your father to execute will like physical/mental health status, fear, threaten etc
a detailed discussion may fructify for you
If the property is self acquired by your father, a son/daughter has no legal claim in it. Your father can bequeath his property to anyone in his lifetime and he can execute a will in anyone favour and it is legally valid.
Q-1.How to get property & other relative documents(eg birth certificate etc) in custody of my father,if he is not cooperative ??? Q-2 what's average time needed in desposing of the partition court cases? Q-3 Which are heirship documents proving my claim?
You can send them a legal notice to handover you all the documents which are of your ownership. Partition suit takes time in court but you may get interim relief in the same
1. See father is owner he shall not handover same ans you cannot force him to do so.
2. It can take 5-6 years depending upon pendency.
3. In ancestral property you need proof like Rasan card and other document to prove you are daughter of your father and further property record to show it is ancestral.
partiiton suit takes 15 years to be disposed of
2) you need to obtain letters of administration if father dies intestate
3) issue legal notice to father to hand over your documents in his possession
The father can make a will and give all of his property to his son. Un that case you cannot do anything.
If the partition suit is filed the property cannot be disposed of unless the suit is decided.
It will take 2 3 years in case of partition suit.
Regards
After your father's death you should apply for a succession certificate from the district court which will clearly mention your name as one of the legal heir. You shall get your share on the basis of that certificate.
Regards
1. get a certified copy from the concerned department,
2. partition suit usually took a time of 2-3 years and maybe more due to pendency in court
3. Identity/address proof like birth certificate, ration card etc and one affidavit
The wealth and the property on your father's name or your mother's name shall be their own and absolute properties.
Nobody can claim any share in it as a right at least not during their lifetime.
So you are not entitled to any such share as a right.
1. Since that is your father's property, he has full rights to dispose them or transfer them to anyone of his choice which nobody can question nor any such claim by a third person would be maintainable in law.
2. No, if he has made any arrangement for the properties, then that will prevail and nobody;'s fancy ideas will be entertained by court
3. Consult a local lawyer about this.
1. You cannot legally claim or ask him to give the property documents which are on his name, since they are not your proeprty you cannot legally ask him.
2. A partition suit may take at least 5 years to get disposed.
3. Consult a local lawyer on this.
