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Son's right on father's property


15-Oct-2023 (In Family Law)
My father owns a 3 bhk flat in noida. I also live in this flat with my wife. Do I have any rights over this property? Will it be called my property too? What does law says about my ownership/status in this house? 2nd my wife does not want to share my parents property saying she has no right over in laws property and they are my parents so it's my legal obligation to serve my parents not hers.
Answers (4)

Answer #1
860 votes
its your fathers wish to whom he gives the property , to you or your mother. you dont own this house & cant claim any Legal right till his survival . as per law only after he left behind this house than you are the legal owner along with your mother if you or your mother doesnt claims it than whoever nearest relative comes he can claim this house.
Answer #2
779 votes
As per Hindu law of succession and later amendment of 2005 ,both son and daughter had equal rights .As you are stating that property belongs to your father ,it's mean that property was earned by your father and not ancestral so in this condition,you couldn't claim over property,it's your fathers wish to whom he want to transfer ,in case no deed is made then after your father property will be divided as per succession law .
Regarding other query,law does impose responsibility even on daugher in law ,but it depends upon the nature of case ,in your case you couldn't compell your wife to share your responsibility towards your parents legally .
Answer #3
852 votes
you can not claim your father's flat as a matter of legal right. your father is legally entitled to dispose off his flat as he wishes. He can sell off, gift or transfer through will to any person of his choice. the 2nd query does not require response since it is her choice to live or not to live with her in laws.
Answer #4
875 votes
son will have right in the father's property only if it is ancestral. if such property is personally acquired by father then son do not have right over it.

Ancestral means your father acquired such property from you grandfather and grandfather acquired it from his father.

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