Equal Right on father property to a married girl child
This is regards to my grand father property , he expired in 1999 & he had 3 son & 1 daughter, his property was put under re development in 2005 & brothers promised a share will be provide to the sister, which now they are denied , please update me on the legal right for the married daughter in her fathers property & basically after redevelopment they got 4 flat each one(3 sons &1 daughter) , but the sister's flat registration is in her elder brother name, they said tht we have to do gift deed as daughter has no right on father property & they are delaying the same for last 4 yrs
So pls help ,wat kind of legal action can be taken here
Asked in Property Law from Hyderabad, Telangana
1) daughter has one fourth share in father property
2) daugher should issue legal notice to brothers to claim her share in property
3) if they refuse file suit for partition to claim her share in property and also injunction restraining brothers from selling the flats
Hi, If the property is the ancestral property then daughters have no right to claim share in the property if the father died before 09-09-2005 as per latest Supreme Court Ruling.
2. If the property is the self acquired property of the father then daughter has right over the property.
If a Hindu male dies intestate then his property devolves through succession on all his heirs i.e mother, widow and children. The share of daughters is at par with the share of sons. The daughter, who has been denied a share in the property, can file a suit for partition to cull out her denied share.
They are lying, the daughter has got an equal share in her father's self acquired property if he died intestate. The brothers cannot say that she is not having any right in it. She can file a partition suit against all of them and seek her legitimate share and separate possession, they cannot deny it.
if it is your father's self acquired property then you have equal right in the property as the son. it does not matter that you have married, you should file a case for share in the flats.
if it is ancestral property then you cannot get share because your father is died before september 2004