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Father in law not wiling to give property to daughter how to claim it
24-Aug-2023 (In Property Law)
Me and my wife want to file a property case against my father in law property. But all the property is in the name of my father in law.And threatening to us that ,he will not give a single penny to his all daughters,and few days back he has taken signatures on some blank papers. .And he is saying that he will donate all his property to some organisation. Can you please suggest some legal advice to get the daughters share from her father property.
Is it an ancestral property or your father's self acquired property?
If it is a self acquired property, then your father in law has the right to choose who he wants to transfer the property to. Daughters have no say in it.
If it is an ancestral property, then the daughters are the legal heirs to the property and can claim equal share in it. In such a case, file a case claiming for your share in the property and ask for injunction restraining your father in law from creating any third party rights.
If it is a self acquired property, then your father in law has the right to choose who he wants to transfer the property to. Daughters have no say in it.
If it is an ancestral property, then the daughters are the legal heirs to the property and can claim equal share in it. In such a case, file a case claiming for your share in the property and ask for injunction restraining your father in law from creating any third party rights.
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Adv. Prerana R Saraf
Mumbai | 25+ Answers
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the property belong to grandfather property your wife can claim, if the property is self acquired property you cannot claim till his death, during his life time he can do what ever he want and dispose off, your wife no right to question that.
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Adv. Prabhuswamy
Bangalore | 25+ Answers
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See the property is his self acquaired, he can do it accordig to his wish, if it is not self acquaired but it is ancestrol he has no absolute right or power, hence all the members of the family are entitle to get their equal legitimate share, suit is to be filed before compitent court
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Adv. Ramesh R
Kottur | 25+ Answers
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