• Partition

Is there any my right to ask my father to give me my Share?
Is there any my share by birth in my family?
Asked 1 year ago in Property Law from Ahmedabad, Gujarat
Religion: Hindu
Your parents can do whatever they wish with their self acquired property, on which you have no right at all. In case of self acquired property, your parents by executing the Will have right to dispose of the property to anyone. If they die without making a Will, then according to  Section 10 of the Hindu Succession Act, 1956 gives in detail the list of Class I heirs who are to be given the first preference while dividing the property of the deceased.

 But in the case of ancestral property you can claim right. On ancestral property you have equal right along with other legal heirs of the said property.
Property inherited upto 4 generations of male lineage (i.e., father, grandfather, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. what has been inherited by their respective predecessor.

With respect to ancestral property with the amendment in 2005 in Hindu Succession Act the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior Hindu Succession Act . “The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from September 9, 2005.

“According to the new Section 6, the daughter of a coparcener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal,” which has been pronounced by various judgment.
Ajay N S
Advocate, Ernakulam
2758 Answers
44 Consultations

5.0 on 5.0

1) i presume it is self acquired property of your father

2) you cannot claim partition in respect of self acquired property of father 

3) only in respect of ancestral property can you claim share 
Ajay Sethi
Advocate, Mumbai
44428 Answers
2582 Consultations

5.0 on 5.0

The right accrues to you only if the property is ancestral, whereas if the property is self acquired or separate property of your father then you have no right to seek a share during his lifetime.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

You have a share in the ancestral property by birth.

If this property is your ancestral property, you can very rightfully claim a share out of your father's share in it. 
T Kalaiselvan
Advocate, Vellore
34561 Answers
372 Consultations

5.0 on 5.0

Ask a Lawyer

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