Daughter's claim on father's property if she married against his will

I am a Roman Catholic from Kerala. I married against my parent's will, and my Brother-in-law is claiming all rights on my father's property. I wanted to know if I can file an Injunction Suite.

Answers (3)

295 votes

The present status of your father is not revealed. There are three possibilities. i.e.
1. If your father is still alive, no one has any claim over his property. He can give his property to any one he likes.
2. If your father has died without executing a 'Will', or any specific assignment of his property, then you have a right to the property along with the rights of your other sisters, brothers and mother if living. You can initiate partition of the property through dialogue or through the intervention of the court. I do not understand who your brother in law is and what right he has. Please let me know.
3. If your father has executed a 'Will', or any specific assignment of his property before his death, all rights will go according to his 'Will' or any other assignment he made.
If you need any assistance, you may contact me.

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152 votes

The question lacks clarity. If your father is alive, he is the absolute owner in the property and nobody else will have any right over his property. If he dies without making any will or transfer, as a legal heir your will get one share in his property along with other sharers including your siblings and mother. Brother-in-law cannot make any claim unless the property is sold/transferred to him with a document.

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142 votes

If you father is alive you have no right over his self acquired property. If he died intestate without creating any will with regards to his property in his life time, then you have right over your father’s property. If the any of legal heirs take steps to alienate his property then you have every right to file a case for partition as well as injunction.

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