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Can daughter claim share in parents ancestral property
12-Oct-2023 (In Family Law)
Dear Sir, My Parents are not in talking terms with me (daughter). Ancestral Property is Gifted in 4 parts in 2011 by my Dad. 1 = 7000sq to my brother, 2 = 7000sq to my mom, 3 = 7000sq in my Dad's name and 4 = 7000sq to myself. Now my parents want to dispose the property and buy elsewhere. And will keep in their name until their life time. My Dad always promised equal share for my brother and myself from 2011, Now I returned from Gulf this April 2016. Both my parents behavior is changing and looks favorable towards my brother. Whats the best way to get my 50 % from Parents as Promised by them. Thanking you. With best regards
In terms of Gift Deed you can sell 7000 Square Feet property to the prospective buyer, as long your parents are alive you cannot claim their share, if they dies intestate you can claim share in their property. Your parents can gift their parts of property during the life to your brother / any other they sell, you cannot question them.
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Adv. Periyaswamy K S
Bangalore | 100+ Answers
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if its parents ancestral property, or your ancestral property you have to tell properly, why because if its parents ancestral property then it consider as a your parents self property, so your parents have all right to do as they wish, if its your ancestral property then you can challenge this. so give me proper information so i can help you on this
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Adv. Shabuddin B S
Bangalore | 100+ Answers
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Dear Mam,
A daughter is entitled for equal share i the property of the ancestors. hence you can go ahead by sending them A legal notice of your intention to get your share of the property. even after providing the notice if you feel that their behaviour towards you has not changed or they are trying to alienate you from the same, you can proceed by filing a partition suit, wherein you can request the court to do the partition and provide you with your equal share. since there is a mention of gift, please give more details on the fact if the said gift was registered?
Thank You
A daughter is entitled for equal share i the property of the ancestors. hence you can go ahead by sending them A legal notice of your intention to get your share of the property. even after providing the notice if you feel that their behaviour towards you has not changed or they are trying to alienate you from the same, you can proceed by filing a partition suit, wherein you can request the court to do the partition and provide you with your equal share. since there is a mention of gift, please give more details on the fact if the said gift was registered?
Thank You
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Adv. Vibha A Setlur
Bangalore | 25+ Answers
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You have every right in the share of the property. As per the amendment of Hindu Succession Act, 2005, daughters become coparceners and they are eligible to get equal share.
First bring an injunction order from the court restraining your parents from selling the property.
Next, parlally move the court seeking for your share in the property.
They have no choice than to transfer your share to you.
If you are in Bangalore, we can legally assist you in this.
Dr Gubbi, Counselor & Advocate, Bangalore
First bring an injunction order from the court restraining your parents from selling the property.
Next, parlally move the court seeking for your share in the property.
They have no choice than to transfer your share to you.
If you are in Bangalore, we can legally assist you in this.
Dr Gubbi, Counselor & Advocate, Bangalore
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Adv. Dr. Gubbi S Subba Rao
Bangalore | 100+ Answers
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