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Share of daughter on father's selfearned property when mother is alive
30-Sep-2023 (In Family Law)
Hi,
My father built a house from self-earned money. He expired a few years ago leaving my mother, me and my sister. My mother gets family pension after my father's death. Now my sister is threatening mother to sell the house and give her share of the house. When my mother is still alive, does she have any stake in the house? Is there anyway where I can make sure that the house stays in my mother's name till she is alive and no one including my sister can claim any share in house/pension/house-rent? We are all Hindus. My Sister's marriage had happened when my father was alive and using his money.
Regards,
1. As per succession act 2005, which you have read, daughters have equal rights in the ancestral property. The parity in rights in ancestral property was conferred on females with the object of creating a level playing field between females and males and also to do away with the age old discrimination which was meted out to them in so far as a share in ancestral property is concerned.
So if there is an ancestral property in your family then you have an indefeasibly equal share therein which you can cull out by filing a case for partition. If you are disowned from this property or any attempt is made to sell it without your concurrence then you can take out legal proceedings to seek your share and also to stop the sale thereof.
2. In respect of the self acquired property of your parents you have no share therein during their life time. Your father and mother can during their life time make a will of their property. They can also sell or gift it to any one they desire. You will get a share in the self acquired property of your parents only in the event that they die without making a will.
So if there is an ancestral property in your family then you have an indefeasibly equal share therein which you can cull out by filing a case for partition. If you are disowned from this property or any attempt is made to sell it without your concurrence then you can take out legal proceedings to seek your share and also to stop the sale thereof.
2. In respect of the self acquired property of your parents you have no share therein during their life time. Your father and mother can during their life time make a will of their property. They can also sell or gift it to any one they desire. You will get a share in the self acquired property of your parents only in the event that they die without making a will.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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