• Daughter share in property

We are 3 daughters and one brother to our parents .All daughters got married and iam the third daughter.My parents are telling that they are not going to give any share in property for daughter's and entire property will be given to son.my father made the property by selling my ansistors property ,his own savings and through mine and my sisters savings which we have given to my father while we are working before marriage. Can married daughters ask share in the property ,when my parents are still alive and not made any WILL.they are planning to make a will in the name of brother.My father has brought all the properties after my elder sister and my self were in job. My father is a central govt employee and is currently working.All the properties is in the name of my father.Can married daughters claim any share in property even if we makes will to my brother.
Asked 23 days ago in Civil Law from Visakhapatnam, Andhra Pradesh
1) if father had purchased property outof sale of ancestral properties then daughters have share in property

2) daughters can file suit for partition to claim share in property 

3) in addition daughters have made contributions for purchase of property 

4) seek injunction restraining sale of property by father 


5) will takeseffect only on demise of father . Daughters can challenge father will 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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1)suit   for partition has to be filed in visakhapatnam where the properties are situated 

2) legal notice can be sent from advocate in Bangalore 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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1. Irrespective of how the sale consideration was paid the title to the property originates and flows from the sale deed. However, if you have evidence to prove that you paid a substantial part of the sale consideration of the property and that it was partly purchased from the sale proceeds of an ancestral property in which you have a definitive share then you can file a suit for declaration of your title to the property. 

2. The marriage of daughters does not act as an embargo on their right to succession to the properties of their parents.

3. If they make a will then it will come into operation only after their lifetime. 

4. The case has to be filed where the properties are situated,
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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1. If if you and your sisters had contributed in purchasing the proeprty in your father's name then you have share in the proeprty in benam of your father.
2.However of your grandparents died before 2005 then selling of ancestral proeprty is not illegal act by your father.
3. Though due to lack of your names in the properties you can file partition suit to claim your sahre so your father may be put under pressure and he makes some sort of compromise to give you share.
4. Do not send legal notice as it has no legal force but would warn your father surely.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
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Children’s have no right over the self acquired property of father. Father can sell his property as per his wish. The best option is to file suit   for partition in visakhapatnam . The property bought by your father from your earnings then you has to prove the same. If you can convince the court then you can win the case.

Please do understand that  Property inherited upto 4 generations of male lineage (i.e., father, grand father, 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. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
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Whether married or unmarried, whether daughters or sons or wife, nobody has a right or can claim a share in the father's property or in any individual's property.

Your father can dispose property in any manner he desires to dispose ot transfer the same and to anyone of his choice. 

There is no question of you people giving him money out of employment before marriage.

In fact he too has taken care of all your expenses since your childhood till you people were employed hence you cannot claim any right on that basis. 

Legally your claim is not maintainable.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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Thank you for your reply,iam currently staying in Bangalore,my parents and properties are in Visakhapatnam.can I file a case from Bangalore and before filing case should I send notice through lawyer and whether it can be sent from Bangalore?

As per law your claim is no maintainable hence in y opinion your further query in this regard have already been answered earlier. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

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