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Father's owned house property legal rights for daughter


23-Apr-2025 (In Property Law)
My father has a own house in Chennai. Am his daughter and I have one elder brother. My father was passed away and the property documents are in my father's house. After my father's death my brother came and pushed me out of the house and he is telling he is the legal owner as he is a boy. In my dad's ration card also my name is not there as I got married before 10 yrs. Is there anyway my brother will occupy whole property under his name ? Because I too have a rights in my father's property.
Answers (2)

Answer #1
967 votes
S . Gunasekar advocate answer. No, your brother cannot legally claim the entire property just because he's a male. As a daughter, you have equal rights in your father's property under the Hindu Succession Act, even if you're married and not on the ration card. You can file a partition suit in court to claim your share.
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Answer #2
654 votes
hi, I can well understand your concern from the query raised, under the Hindu succession act after its amendment in 2005, the daughters have equal rights in their father's property, if your father had died intestate, the property will be equally divided among all the class 1 heirs, if your brother continues with his stand, send a legal notice outlining the legal implications, if no respite file a partion suit, also file an injection suit to prevent him from alienating the property without your consent, thank you
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