Dear Client,
If your died intestate all 1st Class Legal Heirs will have equal share in the property which includes you and your sister as well. Your step mother cannot deny the same. You can file a Partition and Succession suit.
Daughter Rights in Fathers Property
My father died in 2021.. My Mother Died in 1996 after that My Father re married. My step Mother dont have any children She is 62 Years Old. Me and My sisters were Married.But My Younger sister left her Husband home along with her 4 years old child due to Family torture and staying with Step Mother. Now My step mother is giving torture to her and denying any Share in My Fathers property. My step Mother is ready to file case on Me & My sister on Property dispute. Now My Step Mother Clamming that All My father Property belongs to her We dont have any rights. Please guide me how to solve this problem legally. My Fathers property is Ancestral property Still All property is in my Fathers name only
Asked 3 years ago in Property Law
Religion: Hindu
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13 Answers
On father demise your step mother you and your siblings have equal share in property
file suit for partition for division of property by metes and bounds
seek an injunction restraining sale of property by step mother
There are three shares in that property, two daughters and step mother, each will share equally, that is one third share in all properties. Stepmother cannot deprive both of you of any share. After her death, her 1/3 share will devolve on both of you. Let her file a suit, you will get your share. You can also file a suit and get your share. Issue lawyer’s notice to her and after that file a suit in district Court, you will get your share. In suit also obtain an injunction against transferring any property to third party.
The properties left behind by your deceased father, who is reported to have died intestate, shall devolve equally on all his legal heirs.
You, your sibling and your step mother become the legal heirs/successors in interest to succeed to your father's estates.
Your step mother has no rights to deny you a share in your father's proeprty.
You can file a suit for partition to divide the properties equally and to allot you with your legitimate share in it with separate possession of the same.
You do not have to ask your step mother about your share, she can have only her share and cannot enjoy your share too.
1. It's not clear in your query as to, whether your father died intestate (without executing a WILL) or not.
2. Assuming that your father died intestate, then the property in his name would devolve equally to your step mother, you and your brothers and sisters ( irrespective of the marital status).
3. Your step mother has no legal right in declining your deceased father's property's equal share to you and your siblings.
4. If your step mother denies equal share to you and your siblings, send a legal notice to her to claim share.
5. If there's no positive response to the legal notice, file a case in the jurisdictional and competent Court, for partition, declaration and seperate possession of the property by metes and bounds.
Daughters can claim there right in ancestral property. If not given file partition suit
Your step mother cannot claim any exclusivity in your father's property whether its ancestral or self acquired
If it's a HUF property then your step mother will only have a certain share from the share of your father in that property
If it's a self acquired property then your step mother will inherit equally with other legal heirs of the father ie the daughters
Unless she can prove that the property was transferred to her in the lifetime of the father (which if it's an ancestral property, would not be possible, since a coparcenor cannot deal with the entire property but only his share in the HUF property) assuming it is a self acquired property then only the daughters would be excluded. Otherwise the daughters will have a share.
Even if she files any suit she would fail in it
Also if she claims that there is a will left by your father by which the property has been bequeathed to her then she will have to prove the Will. If the property is an ancestral or HUF property then father can by his Will only make a bequest of his undivided share and not the entire property
Dear Sir, This is not my Fathers Self Acquired Property. It is Ancestral property. Whole property is transferred from My Grand Mother's name to My Father Name. My father not made any will Regarding Property.(My father died intestate) My Father Married Step Mother Legally.She is Getting Family Pension.(My late father was retired Govt Employee). What is HINDU UNDIVIDED FAMILY(HUF)? We both sisters are Married and Member of other Family. Since we were married how to Claim share in Fathers Property.
Asked 3 years ago
File suit for partition for division of property by metes and bounds
seek injunction restraining sale of property by step mother
For your information your grandmother's property will not come under ancestral property category.
Whatever it was transferred to your father's name during his lifetime and he is reported to have died intestate.
Therefore it is will be considered as his self acquired property which shall devolve equally on all his legal heirs.
You are entitled to a share in the properties as a right, therefore you were advised to file a suit for partition and seek separate possession of your rightful share in it through court of law.
the more appropriate word would be 'inherited' property
an ancestral property or HUF property is the one which traces its origin to the great grandfather and 3 generations below him
that is GGF, GF, F and sons (and now even daughters after 2005)
since your father inherited this property from his mother, and assuming that your father was the only surviving legal heir of his mother, the property would be his self acquired property by inheritance and upon his death his daughters would also have a share in it alongwith the step mother [second wife]
- As per law, after the demise of your father , his property would be devolved upon all the legal heirs i.e. you, sister and the step mother equally, whether the property is an ancestral or self acquired.
- Further your step mother can take your share in the property without your consent.
- Further, a married daughter is also have equal rights to claim over her fathers property.
- Send a legal notice to partition the said property , and if no response then file a Partition suit before the court .
Yes you can file partition suit even for ancestral property
Dear Client,
Even if you are married still you have a right in your fathers property/ ancestral property.