• Division of property

If my father has only one house (self-acquired) in which we are currently living, what rights will the daughter (married) have on that house? We are two children, one daughter & one son. Please help us understand how the house should be divided among us.
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

In life of the father no one has any right in the property of the father. The father can will/gift/transfer the property on his wish.  After demise of father intestate that is without will all the legal heirs including married daughter shall have equal rights. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If father dies Intestate then daughter will have equal share as other legal heirs that is 1/3 share if mother is living otherwise 1/2 share. 

And if father writes will or gift his property according to his wish before his death then it depends on father's will.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

She will have equal right what a son has. Unless your father has some another intention in his will to not give her any share

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

1. It's not clear in your query as to whether your father is alive or not?. And if dead, whether he died intestate (without executing a WILL)?.

2. During the lifetime of your father, except him no other person has got any right over his self acquired property, including his spouse and children. A person who owns a self acquired property is at liberty to take any decision regarding the property during his lifetime.

3.  Assuming that your father had died intestate, then his self acquired property would devolve equally to his spouse (if alive) and children. In other words each one is entitled to 1/3rd share each. In case your mother is also not alive, then you and your sister are entitled to equal share, i.e., 50% each.

4.  If in case your grandfather had financed your father for the purchase of site and house, still in your father's hands, it will be considered as his self acquired property.

Shashidhar S. Sastry
Advocate, Bangalore
5642 Answers
339 Consultations

On demise of father your mother , you and sister would  have equal share in the self acquired property 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

It would still be regarded as self acquired property 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

As your father expired interested without making any will from the property he acquired from his father and built house the property belongs to all the legal Heirs in their equal share holding your daughter even if she is married have all the rights as a legal hair on the house to get the share in the property you can acquire the property in your name only in case you get the relinquishment deed from your sister in this regard that she is abandoning her share in the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Sir,

It is a purely a self acquired property of your father. Yourself and your sister has no right over such property during your father’s life time. If he dies intestate then section 8 comes into role.

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Section 8 of Hindu Succession  Act the wife is entitled as follows: 

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General rules of succession in the case of males.―The property of a male Hindu dying intestate

shall devolve according to the provisions of this Chapter:―

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

Property to be ancestral needs to be passed through 4 generstion. All children  incuding daughter shall have equal right to the property if it is ancestral or passed through intestacy in case of self acquired property if no testamentary disposition thereof.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Yes the house shall be considered as self acquired. As the father recieved sum after partition and it will not be ancestral property or sum recieved from ancestral property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. This is self acquired property of your father.

2. So if your father does not alienate the property or makes a will during his lifetime then it will devolve through intestate succession on all his Class1 heirs i.e son, daughter and widow equally after his lifetime.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

It's a tricky situation.  If the money came in his share from grandmother turns out to be his self acquired wealth then the said house constructed by said money will be self acquired and vice versa. 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

No right in father`s life and only on his intestate death, children have equal share.

Self acquired property received on partition.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

son and daughter have equal right in fathers property as per the 2005 Amendment in the Hindu Succession Act

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

house shall be considered as self acquired. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Yes the house will be considered as self acquired property as money is not a immovable property and it depends on the person how he uses it. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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