You have become major, have no right in his life time. Mother can claim maintainance but no right in property.
Rights on my father's home
Hi Team, I'm 33 years old male. I'm born and brought up on Rourkela, Odisha with my parents. At the age of 19, me and my Mom were forced to leave the house in which we were leaving by my father during mid-night. Post then we have never visited back. Now I wish to claim my rights on the house for me, my Mother or both. What are our available option under the below 2 cases, 1) If my father still owns that house 2) If he has sold that house to someone else (could be possible) Thanks, Ranjeet.
Asked 3 years ago in Property Law
Religion: Hindu
19 Answers
If the house is self owned then you can't claim on it if is still alive and after him if the house is WILLED.
In only ancestral case you can claim the house share by way of partition deed.
1. IF property was "Self- Acquired" by Father, THEN while Father is alive, Wife & Children CANNOT stake claim over his property.
2. IF Father expires without any WILL, THEN Wife & Children have EQUAL stake /claim /right in Father's House, even though they were staying separately for any reason, whatsoever.
3. IF Father has sold off his own house, THEN Wife & Children have no right to claim anything,
4. However, IF you can documentarily prove that Father is mentally unfit, THEN you can claim his house, even while he is alive.
Dear sir,
If that house is his self acquired property then you and your mother cannot claim a share in it till he is alive.
If he passes away without making a will, then you and your mother will get a 50% share each, provided:
1. The marriage between your parents is still subsisting and your mother has not been divorced.
2. You do not have any other sibling.
3. That house is not sold to anyone else.
If he has already sold the house to someone else and that money is with him in form of cash or bank balance, you can obtain that money after his death.
Provided, he was not created a will in respect of that money and other properties.
I'f it's your fathers self acquired property then you can't claim without his consent. If it's ancestral then you can claim the same as matter of right
You have no share in property standing in father name during his lifetime
2)your mother can file DV case seek injunction restraining sale of property by your father
3) seek right to stay in her matrimonial home
4) seek maintenance and compensation for mental torture undergone by her
1. If the property is owned by your father , then you cannot claim any right over the same during his life time. ,but if the property is ancestral then you have right to claim .
- Further , legally wedded wife, your mother can claim her residential right , and also claim maintenance/alimony from him.
2. Same as above reply.
1. If the house is your father's self acquired property, then no one, including wife and children will have any right during the lifetime of the property owner.
2. However, if it were to be ancestral property, then you will have right over the ancestral property. Even if the ancestral property has already been sold by your father, you can file a case for your rightful share.
1. If the house property is on your father's name by a registered title deed, then it becomes his own and absolute property, in which neither you nor your mother can claim any share in it as a right at least not during his lifetime.
2. He can the property to anyone, nobody can question his authority about it.
If he owns then you and your mother has equal rights over his property.
If sold then when?
There is limitations for the claim.
File a partition suit against your father
1. If the house has been purchased by your father and he is still living there then your mother can claim residential rights and nothing more than that.
mother and the child does not have any right on the self acquired property of husband/ father.
However, if he has some ancestral property then in that case you can stake a claim on the same.
Regards
Your mother can file a maintenance and also seek divorce. If the property is ancestral you can also file a suit and claim your share of property.
If he still owns that house you cannot claim as it must be his self acquired property. If it is an ancestral property then you may lay a claim.
You may object to the sale in case of ancestral property.
Dear Sir,
Being son and wife, both of you have rights to claim your rights against your father in his properties and everything, including but not limited to maintenance for mother. If father is owning the house, the process would be simple and you have just to ask your rights from him and in case he has sold the same, you will be required to make that person also a party who has bought the house.
1. See in the life of father you have no right on his property. In case of his demise without will you may claim your share.
2. You have no right on the same.
if it is self acquired property by your father then you cannot claim.
if the property was ancestral property, the son would have a right in such property and could ask for partition and a share. .
you can claim only maintenance from your father in his lifetime..
after your father life, if he is died intestate then you and your mother can claim equal share in his self acquired property.
1. You cannot claim share from self acquired property of your father during his life time.
2. You can only claim your rights in property of your father if he dies intestate or make will in your favour.
3. If the properties are ancestral then you can file suit for claiming your share through partition suit.
1) If the house is self acquired property of your father, you have no right during his life time. If he dies intestate, you and your mother get right in the property.
2) If it is sold, you cannot do any thing.