• Legal heir

My father aged 65 is a retired govt employee and getting pension also he having self acquired agricultural and commercial properties. I am the only daughter for him. my mother passed away 2 years back and my father got married to widow who has a daughter. my questions are:
1. can i claim any share is he passes away without any will.
2. can my dad write all the property to his second wife and her child
3. can my dad second wife claim for his pension.
4. is there any advice you can give me so that i may get some property.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

On father demise  intestate you and your step mother have equal share in his property 

 

2) your father can bequeath his property to his second wife and her daughter by will 

 

3) on his demise second wife would be entitled to pension 

 

4) ask father to execute registered gift deed in your favour for some property during his lifetime 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. IF properties were "Self Acquired" by Father using his own funds, THEN "legally" he can Sell /Gift /Transfer /Donate /Whatever .... all his properties to "ANYBODY" he wishes to, without any reference or permission to his legal heirs (yourself).

2. IF Father passes away without executing any WILL document, THEN as his legal heir, you have every right to claim your share ratio of his property alongwith his present wife (step-mother).

3. Willed or Not-Willed property can be claimed via a Civil Court suit stating reasons that person was coerced /threatened /unstable mental condition etc....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. If your father passes away without a will you along with your step mother will be legal hairs to him for equal share.

2. The self acquired property may be disposed off by the owner in the way he wishes to dispose and no one can make objection during his life time but any unmarried daughter will have right to the maintenance and may make claim  from the father during his life time.

3. For pension she is only eligible if her name is in pension records. You have no rights.

4. I there is no will then you may get equal share as your mother otherwise contest the will on the sanity of your father that the is forced.

Please remember to rate this answer if you like it.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

All his properties are self acquired.Therefore he can dispose the property as he likes. Now if he dies without a will then you would also get a share along with the other daughter and wife.

 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

1. If your father dies intestate, then the property would devolve equally to you, father's second wife and their daughter in the ratio of 1/3rd share each.

2. Since the property is your father's self acquired property, he is at liberty to bequeath the property to anyone, including you, his second wife and/or daughter.

3. If your father has married his second wife after the death of his first wife and if your father has nominated his second wife in the official records, then second wife can claim for his pension.

4.  If you convince your father to gift some of the properties in your favour by executing a registered Gift Deed during his lifetime or let your father execute a WILL bequeathing certain properties to you.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

1. Yes, you and your step mother will be the legal heirs of your deceased father's properties.

 

2. Yes, your father can register gift deed or a will bequeathing all her properties to your step mother and her daughter.

 

3. Yes, his second wife can claim his pension.

 

4. Keep good rapport with your father to ensure that he registers a gift deed or will bequeathing some part of his properties in your favour.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. If there is no will you and your step mom shall have equal share. 

2.Yes he is absolute owner he can make will for his properties.

3. She can apply for family pension as legally wedded wife.

4. See you can ask your father to give your fair share. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

Married Women’s Rights (Right of a Married daughter in her father’s property) under Hindu Succession Act, 2005

Once the daughter is married, she ceases to be part of HUF and loses any right in the father’s property. But now there has been an Amendment in the Act in 2005, and it has brought sea changes in the position of daughter:

  • The daughter shall also be a coparcener by birth, e. she inherits equally as other coparceners in the undivided joint family property. Earlier the daughter was only a member of HUF and not a coparcener. It means she was not entitled to seek partition. Now she is a coparcener and has same rights and liabilities as a son. (Only daughters can be admitted in coparcenary after amendment. Wives, mother and widows are still not part of coparcenary)
  • Daughter is now on equal footing with a son as both have a birthright in coparcenary property
  • Daughter can ask for partition, and she has an equal share in the property
  • The daughter living or dead on the date of Amendment (9th September 2005) has share in her father’s property – thus her children can claim if she is dead.
  • In February 2018, in a judgment, it has been made clear by Supreme Court of India that the benefits of the amendment will be available to all women whether born before or after the date of the amendment. The marital status of the daughter also will not make any difference. Thus women can file suit for the partition to claim their share in father’s property.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

On his intestate death, his proprieties will inherit in you and secodn wife equally. No right to daughter if she is major and not adopted by him.

Yes, father can give his proprieties to any.

Dependent unmarried/widowed/divorced daughter entitle to pension along with wife. Otherwise only secodn wife.

Keep your father pleased without flattering.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

After father lifetime you and your step mother have equal share.

If property is self acquired then your father can bequeath his property in your step mother favour through will.

Yes Second wife can claim benefits of deceased husband.

As per Hindu Law of Succession, self acquired property can be given to anybody by the owner through sale, gift, will etc. and none has right to claim it. If however, someone dies without making any transfer or will, every class I heir has equal right over it.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. In the event of intestate death, then you can claim a legitimate share in the property equal to your step mother.

2.Since it is his own and absolute property he can very well do it as a right over his property.

3. Yes provided he included her name in his service register 

4. You can get a share in his property at par with your step mother upon his sudden death also.

 

T Kalaiselvan
Advocate, Vellore
84714 Answers
2172 Consultations

5.0 on 5.0

If the property is self acquired you can get share if he is not willing to give you. But if he dies without will you can get equal share

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

1. The wife of your father is also his Class 1 heir. So if he dies intestate then his properties will devolve equally on you and her. Your dad is free to bequeath his entire property to his wife and her child.

2. The pension has to be paid to his widow.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Yes you can claim 1/2 share of properties if your father dies intestate.

2. Yes he can write all the property to his second wife and step daughter. 

3. Yes she can claim family pension if you are not nominee for pension.  

4. You should ask your father to make a will and get it registered with sub registrar.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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