LawRato

Daughter claiming share in fathers property what to do


23-Apr-2023 (In Family Law)
Father died young(38 years) in year 1953 without leaving a will.there are three childern two sons and married daughter.the mother died some where in the year1960.Both sons died in the year 1973 and 1991.the daughter (Happily married) claiming share in house owned by father from childern of brothers.
Answers (4)

Answer #1
955 votes
You have absolute right in said property as per Succession Act,
Get all the details of property and come after fixing the appointment so that we will be able to discuss details case. It's good case for you.. And you will definitely succeed in this case.

LawRato

Answer #2
944 votes
SiR/madam let me know the complete facts of the case by calling me oR meeting me peRsonally, because the law of succession has been changed 3 times afteR 1953, so I can't give u appRopRiate guidence without knowing the actual dates & facts of uR case & incidences
Answer #3
800 votes
All the children have full right in the property of their parents.
In this property there were three legal heirs i.e Two Brothers and one sister. On the death of two brothers, the followings are the legal heirs;
1. Legal heirs of Brother 1 (33$)
2. Legal heirs of Brother No 2 (33%)
3. Sister ( upto 33% of the concerned property)

Regards,

Adv Malhotra
Answer #4
686 votes
she cannot claim for two reasons one as per the earlier law she was not entitled to any share.secondly she has to prove that the property in question was purchased from funds generated from hereditary sources,which she cannot prove since the father,mother,brothers are not alive

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."