Can married daughter have right over fathers property
06-Jul-2023 (In Property Law)
My father in law died in 2013 leaving behind some land and others as property. Not aware if he made any will. some of the landed property is also under litigation. He has 2 elder sons and 3 younger daughters. The 2 sons are somehow selling property and using other resources[not known to us] and enjoying their life since 2013. Its 3 years now. no daughters have got anything from the brothers. Mother in Law stays in one of the properties with one son and the daughter in law. What is the legal route
Daughters have to file a partition suit if the property is ancestral one. Married daughters can claim property for this purpose daughters have to approach the court otherwise the remaining property will be sell out very soon. What is status of the litigation ? Your brothers will not single Penn until and unless you file a case against them. Revert me. All the best.
Yes, now after 2005 daughters have equal right in property, be it ancestral or self earned. So if your brothers have not given you anything you can make the claim through court. In Bengal it was pre existing but for the law governing north India the change came in 2005. So, across India daughter's have equal rights in property.
In brief law is
(A) Heirs In Class I:
i. The adopted children (sons or daughters) are also to be counted as heirs.
ii. The children born out of void or voidable marriages are considered to be legitimate by virtue of Section 16, and hence they are entitled to succession.
iii. The widow is also entitled to property along with the other heirs and in case there is more than one widow, they will inherit jointly one share of the deceased’s property, which is to be divided equally among them.
iv. The widow is entitled to inherit from her deceased husband’s property even if she remarries after his death.
v. The widow of the predeceased son will inherit with the other heirs. However, her right along with rights of the children of the predeceased son will exist to the extent of the share of the predeceased son, had he been alive. However, if she remarries before the death of the intestate, then she is not entitled to the property.
vi. The daughter inherits simultaneously along with the other heirs in her individual capacity. Moreover, even if she is married, she is entitled to such property.
vii. The mother also succeeds to her share along with other heirs by virtue of Section 14. It has been held in Jayalakshmi v. Ganesh Iyer that the unchastity of the mother is no bar as to her inheriting from her son. Even if she is divorced or remarried, she is entitled to inherit from her son. Here the term mother also includes an adoptive mother. Moreover, if there is an adoptive mother, the natural mother has no right to succeed to the property of the intestate. A mother is also entitled to inherit the property of her illegitimate son by virtue of Section 3(i)(j).
So I suggest yes! you have right if your father died intestate/ without will etc..
(A) Heirs In Class I:
i. The adopted children (sons or daughters) are also to be counted as heirs.
ii. The children born out of void or voidable marriages are considered to be legitimate by virtue of Section 16, and hence they are entitled to succession.
iii. The widow is also entitled to property along with the other heirs and in case there is more than one widow, they will inherit jointly one share of the deceased’s property, which is to be divided equally among them.
iv. The widow is entitled to inherit from her deceased husband’s property even if she remarries after his death.
v. The widow of the predeceased son will inherit with the other heirs. However, her right along with rights of the children of the predeceased son will exist to the extent of the share of the predeceased son, had he been alive. However, if she remarries before the death of the intestate, then she is not entitled to the property.
vi. The daughter inherits simultaneously along with the other heirs in her individual capacity. Moreover, even if she is married, she is entitled to such property.
vii. The mother also succeeds to her share along with other heirs by virtue of Section 14. It has been held in Jayalakshmi v. Ganesh Iyer that the unchastity of the mother is no bar as to her inheriting from her son. Even if she is divorced or remarried, she is entitled to inherit from her son. Here the term mother also includes an adoptive mother. Moreover, if there is an adoptive mother, the natural mother has no right to succeed to the property of the intestate. A mother is also entitled to inherit the property of her illegitimate son by virtue of Section 3(i)(j).
So I suggest yes! you have right if your father died intestate/ without will etc..
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