• Daughter's right in father's property (in Bihar)

1.I have 3 brothers (married) younger brothers. I am elder of them and married. 
2. My father is having ancestral properties and self acquired properties as well. Some properties are in the my grandmother which is not alive.
3. some properties are in the name of my mother which is house wife. some properties are in the name of my brothers which were funded by my father.
4. My father is dividing all properties in 4 shares among 3 sons and them self (father -mother). they are doing it secretly. 
5. There is no provision for me (daughter). They are just ignoring me. 
6. My father is running a firm which was established by my grand father.
7. suggest me that in which properties i can have my right. How can I claim latter if my father already  had partition of properties among themself. 
8.what if he distribute all the properties in the form of gift to sons.
9. what is the demarcation line between self acquired and & ancestral properties. Is this how much he has decleared in IT return after grandfather death.
10. can i get share in house my joint family staying. also can i get share in house and plot  in my brothers name funded by father.
Asked 3 years ago in Property Law from Saudi Arabia
Religion: Hindu
1) if these are self acquired properties of your grand mother and your father inherited them on grand mother demise it would not be ancestral properties 

2) please clarify on what basis you say property is ancestral 

3) you can have share in properties bought by your father in name of sons 

4) if it is bought out of joint family income  you can claim share in said properties 

5) if your mother is housewife you will also have share in property bought on her name 

6) you will have to move court to set aside gift deed made in favour of sons 

7) you have no share in self acquired property of your father 

8) you can claim share in the house only if it is ancestral property 
Ajay Sethi
Advocate, Mumbai
46891 Answers
2772 Consultations

5.0 on 5.0

I dont know how much is your understanding about  the term ancestral property.
If you think that if the self acquired properties left  behind by your grandfather is mistaken by you to be the ancestral properties, then sorry that you will not be eligible for a share in the property as a right nor you have  any legal remedy for this.Once the self acquired properties of your grandparents falls in the hands of your father as their legal heirs to succeed theirs estates, he becomes the absolute owner of the said properties by which he can dispose it to anyone of his choice and nobody can question him nor can claim any right or shares in the said properties.  Instead of fighting it legally, rope in elders and arrange for an amicable settlement seeking some share for you as a person  of that family.
T Kalaiselvan
Advocate, Vellore
37091 Answers
403 Consultations

5.0 on 5.0

1) You have an equal right in the share of the property along with your brothers and mother and father if the property is ancestral.The same applies to the property that is currently in the name of the deceased grand mother. If she inherited it as an ancestral property and dies intestate the property will devolve on the legal heirs.

2) As far as ancestral property is concerned your father can not exclude you from an equal share in it as it would be illegal.

3) Ancestral properties are those that have come down at least four generations undivided.This will help you understand which of the properties qualify to be ancestral and which are self acquired.Your father can only gift properties that are elf acquired.

4)You can challenge the division if it is in contravention of your rights and file for partition. You may send alegal notice demanding partition of the ancestral property.
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

 Engage an expert in civil law from the area where the property is and send legal notice before the division take s place.
The self acquired property is something earned by one own income or any body's gift and ancestral property is something handed over to four generations uninterruptedly
If you say some property is ancestral , make sure that they are acquired or made before four generations
 whatever the property left by the  parents are equally dividable where as there is n chance of any share when your parents are alive.
So practically it is necessary to demand a share in everything and send a legal notice and move to court if your father refuse to give you, get an injunction against any sorts of division and disposition or the alienation of the properties till the matter is resolved in the court  or during the pendency  of the suit.the 
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

1. Your father is at liberty to divide according to his sweet will all his self acquired properties as well as the ones which he received through succession from his parents. 

2. The properties received by your father through inheritance from his parents do not qualify as ancestral properties.

3. You have no legally enforceable share in the properties of your parents or brothers.
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

1. Ancestral property means the property of which the title has flowed uninterrupted for 4 generations i.e. from great grandfather to great grandchildren, with out any execution of gift/settlement/release  deeds,

2. The properties are not ancestral properties in the instant case,

3.So, you can not claim any share in he properties of your parents. 
Krishna Kishore Ganguly
Advocate, Kolkata
18818 Answers
454 Consultations

5.0 on 5.0

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