• Can daughter & daughter in law claim father's property

My father expired in 2003, he had a self acquired property(a house) which I registered it on my name, and which I sold it after few years(in 2007). (and this was know to my sisters and had no objections that time)
My elder brother expired(in 1988) and i have 2 sisters(married)
My elder brother's wife is not staying with us now (even when we had insisted her to stay with us) and she have 2 daughters(married)
And My father had bought one more land on my mothers name, where i constructed a home and gave it for a rent. Also My mother made a WILL(mrityu-patra) that this property will be on my name after she is no more (now my mother lives with us)
I purchased new plot on my name and my son constructed a house on this new plot, where i am currently staying.

Now the situation is- My brother's wife and one of my sister, both are planning to file a claim on the properties which was sold and which i have rented.
1.	Can legally they file a claim? Do I have to worry?
2.	Do i have to give shares to them? My sister or my brother’s wife?
3.	My elder brother's wife took the help of an NGO once, and NGO people called us multiple times to visit them, but I didn’t visited them- they indirectly threatened me.
We are afraid to go there. What should I do? 
4. If i have to share the property then what is the ratio?
5. my father had expired before 2005 (in 2005 the ammend was revised iin my understanding)

Please suggest
Thank you
Asked 5 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

21 Answers

1. You should not worried about the sold property because your father and that sold land are not in your hand now.

 

2. You can talk about the rented property which was purchased by your father and later it was inherited on your mother's name. actually all legal heirs name should be mentioned on this land. So all legal heirs ahs sharing in this property.

 

3. Do not worry of NGO people they are also human beings, kindly visit and have a talk with them, If you could not accept their proposal let them go in the court. They can't force you to act beyond the law.

 

4. For rented property all legal heirs your all siblings will get equal share in the property.

 

5. No matter the property is in your hand as of now which was purchased by your father. (So as per latest amendment you have to give equal share)

 

6. If you do not want to give the  share then kindly give cash and settle the case by MoU among you all. 

 

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Then get this WILL registered immediately. Then no issue at all.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You sisters have a share and they can claim from the property. You sister in law also has a share through her children.

That amendment doesn't matter. Daughter's have a right in property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Mother's property belongs to as of now as she has named you in her will.

Ask her to make a gift deed otherwise tgey may claim the property too by challenging the will after her.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Daughter can claim fathers ancestral property as matter of right. She can also claim self acquired property if father dies without will. Daughter in law can only claim her husband share from father in law. She can't claim her independent share as matter of right from father in law as his daughter in law. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The law of Succession and precedence of Supreme  Court decision is very simple which enables daughter and daughter-in-law to claim their share as legal heirs. 

You have to give them their share as legal heirs. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

On father demise your mother , you and your siblings  had equal share in property 

 

2) on brother demise his share would be inherited by his wife and children 

 

3) your sisters , sister in law can file suit to set aside sale deed and claim equal share in property as father died intestate 

 

4) amicable settlement is best option 

 

5) You had only one fifth share in property 

 

 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Sisters can take plea that mother was house wife wi5 no source of funds 

 

father brought property in her name for benefit of joint family and claim share in land bought in mother name 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. Your sister being a legal heir to your deceased father,  she is entitled to a legitimate share out of your deceased father's property who is reported to have died intestate. 

Similarly your sister in law and her children are entitled to inherit your deceased brother's share out of your deceased father's property. 

You cannot deny their rights in the property which you have sold on your own without sharing the sale consideration amount. 

The court will decide in their favor if they approach court for relief. 

2. Yes.

3. You can talk to your sister in law and settle the matter amicably instead of stretching the issue. 

4. They are entitled to an equal share,  I.e. the property should be divided into number of shares equal to number of legal heirs to your deceased father. 

They are entitled to one such equal share. 

5. The concept what you refer relates to ancestral property and not to your father's self acquired property 

You don't have any reason to deny their rights. 

They are entitled to their legitimate share as per law,  hence you settle the matter amicably or you will be directed by court in the legal language. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The property on your mother's name shall remain on her name only till her lifetime. 

The Will shall come into force only after her death. 

So you have no rights to take away the rental income yourself. 

You better sit and talk with the agitating family members and try to solve the issue flexibly even if you have to give away a major portion because you are entitled to only one share in the property if it was divided equally. 

Hence it is in your hand to settle things peacefully or to spend huge money on court case and lawyer fee etc..

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. Assuming that your father died intestate (without executing a WILL), then equal share devolves to your mother, you and your siblings. In the instant case to your mother, deceased son, and 2 daughters, i.e., 1/5th share each in your father's self acquired house property, which was sold by you in 2007.

2.  Regarding your mother's property, where you have constructed house, it's upto her to have permitted so. It may be noted that your mother is alive and it's upto her to take a decision regarding this particular property. During the lifetime of your mother, no one will have any rights over her self acquired property. WILL executed by your mother takes effect only after her death and till such time, it's to be considered as her self acquired property only.

3.  Regarding your deceased brother's 1/5th share, gets further subdivided to his wife (your sister-in-law) and her 2 daughters.

3.  Because the other entitled legal heirs are denied their legitimate shares, they would have contacted NGOs. You can resolve this issue by settling this matter amicably.

4.  Each legal heir, i.e., mother, your deceased brother ( rep. by your sister-in-law and her 2 daughters ), you and your 2 sisters are entitled to 1/5th equal share ( 20% ). In case of your deceased brother, your sister-in-law and her 2 daughters equally share this 1/5th ( 20 % ) share 

5.  In the instant case, reference to the Amendment to the Hindu Succession Act 1956, in 2005 does not arise as this is in respect of your deceased father's self acquired property and the amendment in 2005 is applicable to the Ancestral property and not to self acquired property of your deceased father.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

1. No they can't as WILL was in your favor. 

2. No

3. File complaint against the ngo for threatening. 

4. You need not to share if the property was inherited by you via a registered will. 

 

Noone can claim

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Merely purchase in the name of wife and son dose not make them owner. Father was actual owner of both properties and brother's wife including daughters and sister have 1/5th share each. Property already sold, have no claim as barred by limitation.

And to claim their share, they have to prove that property was purchased by father and not by you. You need not to bother.

Avoid NGO, they cannot interfere in property matter. Amendment dose not effect their right.

Will can be challenged as mother have no title.

But you can more ground to refuse their claim like farther only partially contributed in purchase, claim barred by limitation etc. ,

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- If your father has died without leaving any WILL etc, then his entire property would be devolved upon his legal heirs, i.e. your brother and sister equally. 

1. Yes, they have right to claim over the entire property left by your father. 

2. Yes they can take their respective share . If brother is alive then his wife cannot claim any share legally, but after the death of your brother , she alongwith other legal heirs of brother having right over the share of your brother. 

3. NGO is not having any right over such family dispute , you can lodge a complaint against their threatening before the police. 

- If police not take any action against that NGO , then file a case against them before the court. 

4. Since there is four members , then the ration will be 1/4th of entire property. 

5. Now law same for all . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If the father dies intestate, that is, without leaving a will, all legal heirs have an equal right to the property. 

Your brother's wife and your Sister have equal share. 

they can file a case for cancellation of sale deed and suit for partition it by metes and bounds. 

Equal Share. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

if rented property is not ancestral property then  your mother is  sole owner.

Will becomes enforceable only after the death of the testator. It gives absolutely no rights to the legatee (the person who inherits) until the death of the testator . It has no effect during the lifetime of the testator. A testator can change his/her Will, at any time, in any manner he/she deems fit.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Yes they can file claim for share in the properties but their claim will not be maintenable because they had knowledge of transfer of property on your name and selling of property.

2. The property which is on name of your mother cannot be claimed during life time or after her death because she have already write the will in your favour.

3. You should go to NGO and no need to worry about threats. 

4. You don't have to share any property.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir/Madam,

It is suggested that before they file the claim, let your mother file complaint against them for the harassment etc. for the said property and debar them from anything. If your mother is not able to do the same directly, then she may give SPA in your favour and you may do the things in behalf of your mother. You are also suggested to file the police complaint against the NGO workers who threatened you. You are not required to give them share in lifetime of your mother as your mother has the ownership and after demise of your mother, get the will probated in your favour. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Yes, they can.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1.&2. Yes, you have reason to be worried. All the legal heirs of your deceased father have equal share on his properties. It is not understood as to how you have got your deceased father's property in your name.

3. Negotiate directly with them in your own interest.

4. Equal share with all the legal heirs of your deceased father.

5. Your understanding is right for ancestral properties and not for deceased father's properties.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

 

1. Your mother's will is applicable after the demise of your mother and not when she is alive.

 

2. They can not claim share of the rent since it has been rented in the name of your mother who is still alive.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Ask a Lawyer

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