• Do I have rights over my father's property

sir,
i'm the only daughter of my parents. n living with them from last 6 years after my divorce along with my daughter. my father is retired person. n i'm doing job to provide my daughter a better life n also contributing towards the house. but due to regular issues at my home. my father keep on frightening me that it's my property i'll sell this property off then where will i'll go. i'm paying rent to my father also for which i have receipts with me. i want an advise that is there any provision in indian law through which i can hold upto this property.
Asked 3 years ago in Property Law from Ghaziabad, Uttar Pradesh
if it is your father self acquired property he can dispose said property as he pleases . you have no right on said property
Ajay Sethi
Advocate, Mumbai
31193 Answers
1713 Consultations

5.0 on 5.0

if your father dies without a will then you would be a legal heir to said property .
Ajay Sethi
Advocate, Mumbai
31193 Answers
1713 Consultations

5.0 on 5.0

madam once you are married it is your husband duty to provide for you and your child . 

you are entitled to seek maintenance from your husband for your self and your daughter .
Ajay Sethi
Advocate, Mumbai
31193 Answers
1713 Consultations

5.0 on 5.0

kindly keep in mind this is a self acquired property of your father and after his death ,if there is no will then your mother and you will get equal share,but if there is a will and after his death most probably the property will go to your mother and after her death then it will come to you ,so kindly keep patience for a better future for your self and your daughter
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

your mother has right to stay in matrimonial home . if your mother is victim of domestic violence she has can file complaint under Dv act  . she can obtain   an injunction restraining her husband from selling the property and for right to stay in matrimonial home
Ajay Sethi
Advocate, Mumbai
31193 Answers
1713 Consultations

5.0 on 5.0

Irrespective of the status of a woman, whether she is unmarried, married, widowed, divorced, a woman can not claim rights over the property of her father if the property is her father's self-acquired property except when her father has died intestate. If he has left a WILL, then the property would devolve as per the contents of the WILL.  Better thing for you is to discuss with him and pursue him to retain the property.
Shashidhar S. Sastry
Advocate, Bangalore
1372 Answers
79 Consultations

5.0 on 5.0

If the property is your father's self purchased property then he can sell it at his sweet will without any restriction. You have no rights whatsoever in it.
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

The only scenario in which you can get this property is if your father makes a will in your favour, or does not make a will at all.
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

You are a divorced woman. Did you not sue your husband for maintenance of yourself and your child? On what terms was divorce finalised? You may sue your ex-husband for financial support for yourself and your child.
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

The only right which your mother has is the right to stay in her matrimonial house. If she is thrown out of house then she may seek enforcement of right to reside in matrimonial house by moving to court. Excepting this right, she has no other right in your father's self purchased property.
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

as replied earlier
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

Ask a Lawyer

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