Self acquired properties can be disposed of as per the wishes of acquirer of properties. His legal heirs do not have share in such properties as of right.
Property right to daughter on father self-acquired property
Myself (Kavitha) married (2002), my father (Lakshman Singh) has two children myself and my brother (Ajit Singh). My mother died during 2005 and my father married to another woman during 2006. They don’t have any issue. My step mother (Anjali Devi) has taken control of my father his finance and property (self-acquired). My brother and his wife also join hand with my step mother, in-turn my brother received certain financial support and few property in his favor from my father and step mother. My step mother has misused my father rental and other income regularly to her brothers’ family. All three (my father, Step mother and Brother) dejected me at various instant. My father has certain property. Whenever I request my father to provide the property share he used to give sale deed of one bogus property for past 15 years. This property doesn’t have any clear title still today. Each time he is fooling me. Whenever I take up the issue with my father to provide my share of his prime property, my step mother and father are using foul language on me. My father and step-mother is mentioning that it is self-acquired property; we have all right to transfer the property any one. Further my father has mentioned that after his death it will be share between your step-mother and your brother. After your step mother property will be transfer to your brother. Accordingly, WILL be prepared my father is threatening me. My brother and his wife also supporting my father statement and mentioning that all father property will be given to son it is natural. In view of above, kindly suggest how I should claim my legitimate share of my father self-acquired property and how to challenge the WILL if it is made.
Asked 1 year ago in Property Law
Religion: Hindu
10 Answers
You have no share in father self acquired property during his lifetime
2) father is at liberty to execute will bequeathing property to your step mother and brother
During the lifetime of your father, he alone has the authority, power and legal right to take any decision regarding his self acquired property. Only in case of his intestate (without executing WILL) death, you would be entitled to equal share on par with other legal heirs. My suggestion is, you have to convince your father that you are his only daughter and should be treated on par with the son, so that he may also give share in his self acquired property.
An individual has the right to dispose of their property as they wish. However, if the father's will violates the law or public policy, it may be invalid, and the daughter may be able to claim a share of the self-acquired property.
As a matter of legal fact you do not have any rights in your father's self acquired property.
Therefore you cannot claim a share out of his property as a right.
You cannot stop your father from transferring his property to your step mother or your brother.
If they give any share out of sympathy to you, then you can be contended and be grateful for their act of kindness.
Therefore do not waste your time, money and energy in the name of any litigation to claim any share out of his property, it would be a waste exercise causing you further loss.
You can file a suit and challenge the will of your father. You can also seek partition suit if your share is not given to you
Hello,
- Children do not have any rights in the self acquired property of the parents and will inherit as per succession laws if they die intestate. Therefore, you apparently do not have a legitimate share in your father's property.
- You can challenge the Will only after the death of your father by filing a suit in the case raising doubts about the genuineness of the Will and anything that disqualified the validity of the Will.
1. Your father is the title holder of all his properties.
2. He can do whatever he wishes to with his said properties for which nobody, including you, shall have any claim.
3. You can not challenge the will of your father after his demise if the said Will has been executed lawfully.
Dear client,
I'm sorry to hear about the difficult situation you are facing. In general, inheritance laws and procedures can vary depending on the country and state in which you reside. Therefore, I recommend consulting with a lawyer who specializes in family and inheritance law to help you determine the best course of action.
That being said, here are a few general suggestions that may help you:
Try to resolve the issue through mediation: Before pursuing legal action, you could try to resolve the issue through mediation. Mediation is a voluntary and confidential process in which a neutral third-party mediator facilitates discussions between the parties in order to find a mutually acceptable solution. This could be an opportunity to communicate your concerns and interests to your family and find a way to reach a compromise.
Gather evidence: If you decide to pursue legal action, it's essential to gather evidence that supports your claim. This could include documents such as land records, tax records, bank statements, and any written agreements or promises made by your father. It's important to keep any communications with your family members in writing, such as email or text messages, to use as evidence in case it becomes necessary.
Understand your legal rights: In most cases, legal heirs have a right to inherit their parent's property. However, if the property was self-acquired by your father, he may have the right to transfer it to whomever he chooses. A lawyer can help you understand your legal rights and determine if your father's actions are legally permissible.
Challenge the will if necessary: If your father creates a will that is unfair or unjust, you may be able to challenge it in court. You would need to show that your father did not have the mental capacity to create a will, that he was under undue influence from your stepmother or brother, or that the will was fraudulent or invalid in some other way.
In summary, consulting with a lawyer who specializes in family and inheritance law is crucial in order to understand your legal rights and options for pursuing a claim to your father's self-acquired property.
Father is all free to trasfer his self acquire property to any one and desert you. You have no legal option but cajoling to claim/obtain share in property.
