Does a daughter have share in parents property?

183 votes

Daughters have equal share in the property of father. But it is also a fact that in case a property is owned by a woman, then she has exclusive right over it and she can gift or sell the same to anyone without any dispute. The children cannot claim right of the property of mother as they can do in case of father. 

If your brother has a genuine sale deed in favor of the mother and also has a genuine gift deed in his favor then he has a right on the said property. In case the documents in his name are doubtful, then the same can be challenged in Court and then your brother would have to prove those documents in Court. 

LawRato LawRato

565 votes

Daughters have equal share in the property of father. But it is also a fact that in case a property is owned by a woman, then she has exclusive right over it and she can gift or sell the same to anyone without any dispute. The children cannot claim right of the property of mother as they can do in case of father.

If your brother has a genuine sale deed in favor of the mother and also has a genuine gift deed in his favor then he has a right on the said property. In case the documents in his name are doubtful, then the same can be challenged in Court and then your brother would have to prove those documents in Court.

Advocate Kanika Bhutani LawRato

711 votes

You can get the share in the property ,but if your parents have transferred the same by way of any legal document then it cannot be claimed back,like you said by gift deed.If your brother is not showing the document you can file the suit against him claiming the share in the property ,in the court he will file the document to protect his rights.

Advocate Ritesh Isaac LawRato