Daughters right in father's property

913 votes

Dear client, after the Supreme judgement in "Prakash vs Phulvati" (passed in 2015) (based upon amendment in section 6 of Hindu Succession Act in 2005), now girls also have equal right in the property left by parents (ie if parents expired or partition is opened on or after 9th September 2005 amendment). Now, in your case, succession opened in the year 1986, on the date of death of your father. After his death, his property vested in your mother and you ie 1/2 share each. As such, your sisters cannot claim right in the partition which opened up in 1986. Though they have every right in the partition that opens up on or after 9th sept.2005.

Advocate Amit Kumar Bedi LawRato

826 votes

Sure , Its a very common mode of practice.
I would like to see the bank documents and on what grounds were the mortgage given.
Brother and sister has equal rights over the property .
For more information feel free to have a word with me .
All the best

Advocate Sahej Uban LawRato

920 votes

Hi, would like to help you. Yes definitely you can save your property and can also save your right in your father's house. Brother can not take loan on your father's property without his consent. file suit for partition.

Advocate Akash Vajpai LawRato

678 votes

1. Is the property in your fathers name? if yes then your brother may have forged his signatures on the bank documents etc.
both your father and you need to take legal action in such a case . You also have a right in your fathers property. WE WILL NEED MORE INFORMATION TO GUIDE YOU ON THIS. You have recourse as per law to take both civil and legal action in such a situation. You can also legally stop the Bank from selling this property to recover their loan is such a situation.

Deepak Dayal (MBA, LLB) | Managing Partner,
Dayal Legal Associates .India.
Advocate, Supreme Court Of India.

LawRato LawRato

597 votes

If it is a self acquired property, you cannot claim a right in the property untill after the death of your father. However, if it is ancestral property or property purchased from funds inherited by your father, you can file a suit for partition seeking your share.

Advocate Mrinmoi Chatterjee LawRato

603 votes

It is very important to check all the documents regarding the loan your brother cannot take loan on your father's property without any document,therefore immidiately consult an advocate along with all the documents pertaining to the property.

Advocate Puja Shrivastava LawRato