• Daughters claiming share of parental property

Sir..we are three children two girls nd one son. All are married now. My father and mother by their earnings made some property and some property ancestral property. Now my father and brother torchuring my mother that u don't have right to ask any thing from us. They sent out my mother and i brought my mother staying with me. My father nd brother threatening three of us by saying don't enter my house and dont come here again and all property will transferred to brother. Now we decided as per supreme verdict on property partition on 11 Aug 20. Is any option is there to send legaI notice to them. Please guide us what to do.
Asked 8 months ago in Property Law
Religion: Hindu

25 answers received in 1 day.

Lawyers are available now to answer your questions.

28 Answers

You have a share in the ancestral property ie both the sisters. The father's self acquired property belongs solely to him and hence you cannot claim in that property but your mother can claim maintenance from her husband ie your dad.

Rahul Mishra
Advocate, Lucknow
12157 Answers
29 Consultations

5.0 on 5.0

If it's ancestral then they can't deny you the share. You can send them legal notice or approach court for partition for seeking your share 

Prashant Nayak
Advocate, Mumbai
23235 Answers
49 Consultations

4.4 on 5.0

No worries. You need to send legal notice for partition of property or you may file directly partition suit against them for the division of property by partition suit .

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Yes, you all have a share in the ancestral property as you are coparcenor. You can send a notice to demand your share in ancestral property and later file a suit for partition and seperate posession. You can also initiate a Domestic violence case against your father as he has evicted your mother.

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

4.9 on 5.0

1. You and your siblings are coparceners in the ancestral property and it cannot be legally denied.

2.  However in respect of self acquired property of your father, he alone will have the right over the property during his lifetime.

3.  If there's a property owned by your mother, it's upto her to take a rightful decision regarding the property and your father or/and brother cannot deny her the same.

4.  We can send a legal notice to prevent its mishandling by your father and brother and to claim the daughters' rightful claim in the ancestral property.

5.   Inspite of this if the matter is not resolved, file a suit in the jurisdictional and competent court for partition, declaration and separate possession of the property by metes and bounds.

Shashidhar S. Sastry
Advocate, Bangalore
3487 Answers
202 Consultations

5.0 on 5.0

You can issue legal notice to claim your mother and your share in property 

 

2) if they refuse file suit for partition for division of property by metes and bounds 

 

3) seek an injunction restraining sale of property by your brothers 

Ajay Sethi
Advocate, Mumbai
81866 Answers
5124 Consultations

5.0 on 5.0

Neither you nor your mother or brother have any rights in your father's self acquired or own property inherited from his father,  at least not during his lifetime. 

Therefore you cannot claim any share in it as a right. 

The latest supreme court judgment is not applicable to this situation. 

Your mother can file a DV case and seek residence and also monthly maintenance from your father. 

The case you intend to file against your father is not maintainable 

 

T Kalaiselvan
Advocate, Vellore
71936 Answers
1062 Consultations

5.0 on 5.0

You, your mother or sister has no right on the self-acquired property of the father, he may on his will transfer the same. In case of the ancestral property if they are received by father after partition they are as good as self-acquired property and he is the absolute owner. 

Your mother may file an application under 125 Crpc before the Magistrate and seek maintenance from her husband.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
131 Consultations

5.0 on 5.0

1. Only the ancestral property of father liable for equal division among his legal heirs.  As regards his self acquired property he is free to divide it to any person of his choice. 

2.  Therefore to lay your claim on ancestral property you can file suit for partition for which sending of notice is not necessary. 

3. If there is any property of your mother in joint name of your father then your mother can file suit for partition. 

Devajyoti Barman
Advocate, Kolkata
22295 Answers
340 Consultations

5.0 on 5.0

If the property is purchased by your parents then your brother can't inherited directly on his name, he has to take NOC of all legal heirs.

 

Yes, you can send legal notice and mother can also make police complaint under senior citizenship act.

 

 

Ganesh Kadam
Advocate, Pune
11991 Answers
126 Consultations

4.9 on 5.0

Wife have all the right to claim maintenance from the husband and in case husband is this is she will have equal right in the property along with other legal hair.

So far as any child is concerned he have all the right in the ancestral property from the birth but any self acquired property can be disposed by the father as you wish to do so but in case father is expired without any will or transfer the entire property will be transferred to all the legal heirs in their share in the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6820 Answers
23 Consultations

4.9 on 5.0

Madam,

You have right in the ancestral property as well as self acquired property if the same is not bequeathed by will. 

Ganesh Singh
Advocate, New Delhi
6616 Answers
13 Consultations

4.5 on 5.0

1. You have an positive option of claiming your share in the Ancestral Property (provided you can prove that it is ancestral property).  Father & Brother CANNOT deny you share in the Ancestral Property.  IF they are non-cooperative, THEN remaining option is to file a Civil Court Suit for your share of the property.

2. Property specifically belonging to Mother (whether part /full /joint names) can be divided only with consent of living mother and by her WILL conditions after her demise.

3. Mother while being alive, can register Gift Deed her share ratio in joint property in your favor and THEN brother /father cannot Sell /Gift /Transfer /Mortgage /Whatever.... with mother's share of property.

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

As or latest SC verdict daughters can claim share in ancestral property even if father died before 2005 

Ajay Sethi
Advocate, Mumbai
81866 Answers
5124 Consultations

5.0 on 5.0

Surely , the order runs into 121 pages paased by full bench Mr. Justice Arun Mishra and two more Judges held in Vineeta Sharma V/S Rakesh Sharma and others delivered on 11th August, 2020.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

No right in self acquired property on father. You have share in ancestral property and not mother. Property made by mother from her income is her self acquired property and she have absolute claim in it. File FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
21436 Answers
31 Consultations

4.4 on 5.0

The latest verdict is on HUF and woman has been given equal rights as Coparcener. Vineeta sharma vs rakesh sharma and ors 

Prashant Nayak
Advocate, Mumbai
23235 Answers
49 Consultations

4.4 on 5.0

The Supreme Court of India in a recent judgment has again backed the fact that the daughters cannot be deprived of their right of equality conferred upon them by Section 6 of the Hindu Succession Act, 1956. The judgment recognizes that in a coparcenary property, the daughters have an equal right.

In a Hindu Undivided Family, several legal heirs through generations can exist jointly. Traditionally, only male descendants of a common ancestor along with their mothers, wives and unmarried daughters are considered a joint Hindu family. The legal heirs hold the family property jointly.

Women were recognised as coparceners or joint legal heirs for partition arising from 2005. Section 6 of the Act was amended that year to make a daughter of a coparcener also a coparcener by birth “in her own right in the same manner as the son”. The law also gave the daughter the same rights and liabilities “in the coparcenary property as she would have had if she had been a son”.

The law applies to ancestral property and to intestate succession in personal property — where succession happens as per law and not through a will.

 

T Kalaiselvan
Advocate, Vellore
71936 Answers
1062 Consultations

5.0 on 5.0

Dear Ma'am,

As of now you can claim partition only in respect of ancestral properties. Your mother is not having any right in the ancestral property from your father's side. 

Your mother can claim a share only if the properties jointly stand in your father and mother's name. However, your mother can claim maintenance from your father. He has a legal right to maintain her and can't oust her like this.  

Till your father is alive he can gift, sell or dispose his self acquired property and you or your mother cannot stop him from doing that. You will get a share in his self-acquired property only if he dies without making a will.   

Yes, you can initiate the proceedings by issuing legal notice. You can contact any advocate through Kaanoon portal or any local advocate in order to issue a legal notice demanding partition. 

Hope this answer helps. 

Best wishes.

Agam Sharma
Advocate, New Delhi
617 Answers
4 Consultations

5.0 on 5.0

The latest judgment of the Supreme Court you are asking about is a very lengthy judgment  (121 Pages). It is not possible to summarize the exact details here. Please consult the advocate over phone if you wish to know about it. 

The summary can also be understood through this article:

(https://www.livelaw.in/know-the-law/daughters-rights-sc-explains-the-impact-of-hindu-succession-amendment-act-[deleted])

Agam Sharma
Advocate, New Delhi
617 Answers
4 Consultations

5.0 on 5.0

- If the property is in joint name of your father & mother , then legally your mother is having equal right over the property . 

- Further , in the ancestral property , you can claim your equal right like your brother as per the Supreme Court Judgement.

- Further , being a wedded wife, your mother also having residential right from your father , and also can claim maintenance for her as well. 

- Further , you father can only transfer his share in the self acquired property during his life time , and not mothers share in the property. 

- You should send a legal notice to them for partition of the property by metes and bounds, if refused then file a Partition suit before the court . 

- Latest verdict on supreme court is that the daughters can claim share in ancestral property even if father died before 2005 .

Mohammed Shahzad
Advocate, Delhi
6598 Answers
70 Consultations

5.0 on 5.0

daughters can file suit for partition to claim share in ancestral property. 

Mohammed Mujeeb
Advocate, Hyderabad
19002 Answers
18 Consultations

4.5 on 5.0

daughter is entitled to equal property rights even if the coparcener had died prior to the coming into force of the Hindu Succession (Amendment) Act, 2005.

Mohammed Mujeeb
Advocate, Hyderabad
19002 Answers
18 Consultations

4.5 on 5.0

You have right over ancestral property but the property that your father bought from his earnings doesn't entitle you 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. You can claim share from property which is ancestral from your father but not from his self acquired property.

2. Your mother can claim share from property if she invested her earnings for purchase property through declaratory suit against your father.

3. Your mother can also file RCR petition and maintenance case against your father. 

Mohit Kapoor
Advocate, Rohtak
10689 Answers
7 Consultations

5.0 on 5.0

vineeta sharma v rakesh sharma 11th August 2020.

Rahul Mishra
Advocate, Lucknow
12157 Answers
29 Consultations

5.0 on 5.0

The latest verdict in this respect came on 11 Aug 2020.

Ganesh Singh
Advocate, New Delhi
6616 Answers
13 Consultations

4.5 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there have been the properties of both nature, anscestral and self acquired.
  2. I would like to apprise you that ok then ancestral property, all daughters will have equal share in it if the same has not been partitioned before 2005 which means that sister would also have right in present irrespective of the fact of marital status.
  3. But in self acquired property, the owner has the all right to give it to anyone till the time he doesn’t die without leaving any Will.
  4. And mother, cannot claim any ownership right in both the properties, but yes, she would have residing right as per law which cannot be denied at any cost.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Ask a Lawyer

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