• Rights of daughter to fathers property

My father passed away in 2009. My step mother stays in the house built by father and is sustained by the family pension from Railways. She resents my visits to the house as also my queries regarding upkeep of the house. I am married and stay with my husband. My step mother also sold off my fathers vehicle after his demise and without consulting me bought a new vehicle on her name. Is it legal? What are my legal rights with respect to my father's house and property? How can I enforce my rights, if any?
Asked 6 years ago in Property Law
Religion: Hindu

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20 Answers

I presume your father died intestate 

 

2) on your father demise your step mother and you are legal heirs and have equal share in the house and other assets of your father

 

3)step mother could not ha e sold vehicle without your consent 

 

4) you can file suit for partition for division of property by metes and bounds 

 

5) seek injunction restraining sale of property by your step mother 

Ajay Sethi
Advocate, Mumbai
99809 Answers
8147 Consultations

If your father died without a will, you and your stepmother would be the legal heirs, wherein tye property would be equally divided.

The sale of your father's vehicle by your stepmother is illegal. 

In order to get your share,you have to file a suit for partition, along with injunction application in order to restrain your stepmother creating any third party interest in the property or alienating the said properties in any manner whatsoever.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You have equal rights to all movable and immovable properties of your father.

Claim partition of immovable property and share in sale proceeds car and other movable properties.

Issue notice to this effect. It can be done mutuality.

Otherwise you should file partition suit in court and claim your share in other movable properties. Make out a list of all such valuable movable properties and submit with your claim to court .

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

The property of your father belongs to all the heirs.

Before they do something else file a partition suit making them parties and demand your share.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can file a suit for injunction in civil court that in future they can't sell or create third party rights without your consent. You can seek action against your step mother for selling the vehicle both civil snd criminal way. You can also seek partition of the property by fiking suit or executing partition deed

Prashant Nayak
Advocate, Mumbai
34539 Answers
249 Consultations

Hello,

if the father has passed away without a will then you will file a partition suit and claim your share in the property as per the Hindu Succession Laws.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Sir,

Yes,you have equal rights over your father's property.  File a partition suit in civil court and get your share in your father's property.

As per the Hindu Succession act, 1956 the daughter will get equal share like son on her father's self acquired property. As if, as per the Hindu Succession (Amendment) Act 2005, the daughter has equal right like son on her ancestral property, if the ancestral property has not partition or alienated till 20th December 2004.

 

If after your father's death there is no will found made by your father then the property will be divide among the Wife and childrens(include girls also) equally then you also can take your part of property

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hi,it is advisable to file a civil suit for declaration,in order to claim your rights in the property and to restrain your mother from interfering your posesssion in the property 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

If it is your father property then even you along with the other legal heirs will have a hold on the property and can file a suit for partition !!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

1. Assuming that your father died intestate (without executing a WILL ), then the entitlement to the property devolves equally upon your step mother and you (assuming that you do not have any siblings). 

2. Your stepmother should have taken your permission before selling the vehicle owned by your deceased father, as you are entitled to equal share ( 50% ) in all the movable and immovable properties left behind by your deceased father. This act of your stepmother is illegal.

3. To enforce your legally entitled rights over your deceased father's entire properties, including the house, send a legal notice  to your stepmother demanding your equal  share in all the properties owned by your deceased father. If you do not get positive response from your stepmother, then file a case in the jurisdictional civil court for partition, declaration and separate possession of the property by metes and bounds.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Hi,

You may not exercise any right on self acquired property of your father (if he gave that to your step mother). But you may very well exercise the right on ancestral properties. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. You have every right in Father's properties, PROVIDED he had not executed any WILL document in favor of his Wife.

2. You can issue a legal restraining notice to step-mother, against selling or disposing the house in any manner whatsoever and also file a caveat application with the Revenue /Municipal /Society /Association authorities restraining them from transferring /mutating the said property, without your consent.

3. Claims on Father's property, can be filed only in the local Civil Court, by following due procedure of law, with supporting documentary evidences and witnesses. This can be done.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Concern,

Please note - 

01. Since your father has expired after 2005 and after 2005 even females are considered as coparcener in any property so you are legally entitled to claim your portion of right on those property as per the Hindu Succession Act as you are one of the Class one heir of your father.

02. File a suit for partition in against your mother and other siblings (if any) and claim your share through that partition suit. 

My best wishes to you. 

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

Except pension, you have equal claim in every thing left by father. Have to file partition suit.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

- As per the amendment in Hindu Succession Act 1956, that came into force since 9th September,  2005 , a married daughter have equal right over the deceased fathers property . 

- If, your mother has died, then the step mother also has a equal right over the same.

- She has no right to sell any portion of the property of her husband without its partition , and your consent. If she has done so, then you have a right to claim from the sale consideration as well.

- You should issue a legal notice for asking your equal share in the property. 

- If, within a period of 14 days , no response , then you should file a suit for partition and Injunction before the court, for a partition and to restrained her to sell any portion of the property.

 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

If the properties left behind by yor deceased father was on his individual's name  and if he is reported to have died intestate, then the properties shall devolve equally on all his legal heirs.

You have rights for your legitimate share in the properties left behind by your deceased father, you can file a partition suit seeking partition and your share in the property with separate possession.

You consult a local advocate and file a partition suit immediately.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

if the father dies leaving behind his wife and daughter, then each will inherit equal shares of his property. without your consent she cannot sold vehicle. you can file suit for partition and injunction immediately you have a right in your father intestate property. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See you can file for partition of the property and can seek.your share , you have equal right over all the movable and immovable assets of the father.

Further she without your NOC sold off the vehicle same is illegal you can file complaint of same before police and RTO.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You have equal share on father's property if he dies intestate as other legal heirs.

You have to file partition suit against other legal heirs for getting your share from father's property legally. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. On the intestate demise of a Hindu male his property devolves on his widow and all children equally. Your share is at par with the share of your father's widow.

2. You can file a suit for partition to separate your share in the property.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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