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Can daughter claim a share on her father's property
24-Jan-2023 (In Property Law)
My father has disowned me as I am getting married of my own choice. I am Hindu, and am getting married to a Hindu.Right now I am not married yet, but will be getting married soon. Wanted to know if i can at least claim a share of his property. I have a job, but i need something for backup as I cannot rely on my job throughout.
No offspring can claim a right over the self-acquired property of the father, during the course of his life. However, upon his death, you can claim your share provided he hasn't already bequeathed the property by way of a will to someone else.
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Adv. Arzoo Raj
Delhi | 25+ Answers
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To start with we have had a similar case related to your problem, the suit was decreed in our client's favour, father had to give share to his son.
Firstly you must understand that there is no concept of disowning a son in Indian legal system. As far as disowning is concerned in terms of property law, a son can be disinherited ONLY from the self acquired property of the father, but he will still have equal rights as the father over the ancestral or the coparcenary property of the Hindu Undivided Family.
Now what does this mean? It means that your father cannot disown you from the property inherited by him as ancestral property from your grandfather, he can disown you ONLY from his self acquired property (but we have loopholes for that too).
We can file a suit for partition and claim your share in the property right away, as he might think of disposing off the ancestral property which might create further complications.
Firstly you must understand that there is no concept of disowning a son in Indian legal system. As far as disowning is concerned in terms of property law, a son can be disinherited ONLY from the self acquired property of the father, but he will still have equal rights as the father over the ancestral or the coparcenary property of the Hindu Undivided Family.
Now what does this mean? It means that your father cannot disown you from the property inherited by him as ancestral property from your grandfather, he can disown you ONLY from his self acquired property (but we have loopholes for that too).
We can file a suit for partition and claim your share in the property right away, as he might think of disposing off the ancestral property which might create further complications.
Helpful?
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14+
Adv. R. Y. Kalia
Delhi | 25+ Answers
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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.
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