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Clarification regarding share of daughter in property
09-Aug-2023 (In Property Law)
I am Hindu married women living in delhi with my husband and school going only one daughter. My background is my father was retired Govt. servant and my Mother is housewife. We are two childern's of my father i.e. myself and one elder brother. In whole life my father was purchased all property in the name of my mother to save property tax etc., Matter is that my father was died on 2011. I was very close to my daughter he always told me that you are equally share holder of my property. Now, my mother and my elder brother is totally deny to give me any share/part of property which was earned by my father. Please advice me being a hindu women can i claim for my share in the property. It is necessary to mentioned here that my mother is housewife and brother is unemployed.
Yes certainly properties are purchased in your mother's name but out of earning of your father aa a trustee.Yoiu should approach court for partition and division of property.further more get satya, restraint order against your mother from selling, alienating the property which are in her name.
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Adv. Amit Gaurav
Delhi | 100+ Answers
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Dear Madam,
As shared by you about your query.
Yes definitely you can file a suit for partition against your mother and brother for obtaining 1/3rd share in the properties of your deceased father as per the women right to property act 2005. But if any property was in the name of your father then it is very easy and in case the properties are in the name of your mother and brother then you can also file suit for partition and in that situation your will have to produce one or two witnesses of your relation or friend circle.
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Adv. Rajesh Kumar
Delhi | 25+ Answers
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Yes you being daughter has your right in the properties purchased by your father as the law has been amended giving right to daughter alongwith son in the property.
You need to claim your right by filing a suit. For legal help you may conyact me.
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Adv. S P Srivastava
Delhi | 25+ Answers
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dear mam,
The married daughter has equal right in the parental property after the advent of the amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005. The Hindu Succession Act, 1956, originally didn't give daughters equal rights to an ancestral property.
the denial from the mother and other stakes holders in the does not have any say in the eyes of Law.
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Adv. Alok Kumar Tripathi
Delhi | 50+ Answers
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