I am married. Do i have share in parents property?
01-May-2023 (In Property Law)
We are one daughter and one son for our parents. My parents and brother feel that i have no rights over the property. Do i have any right? If yes under which law? My concern is whether my parents can adopt measures like disowning me just to nullify my claim, what is the legal implications of such disownment on my claim if the scenario arises?
As per succession act 2005, daughters have equal rights in the ancestral property.
So if there is an ancestral property in your family then you have an indefeasibly equal share therein which you can get by filing a case for partition. If you are disowned from this property or any attempt is made to sell it without your concurrence then you can take out legal proceedings to seek your share and also to stop the sale thereof.
In respect of the self acquired property of your parents you have no share therein during their life time. Your father and mother can during their life time make a will of their property. They can also sell or gift it to any one they desire. You will get a share in the self acquired property of your parents only in the event that they die without making a Will.
So if there is an ancestral property in your family then you have an indefeasibly equal share therein which you can get by filing a case for partition. If you are disowned from this property or any attempt is made to sell it without your concurrence then you can take out legal proceedings to seek your share and also to stop the sale thereof.
In respect of the self acquired property of your parents you have no share therein during their life time. Your father and mother can during their life time make a will of their property. They can also sell or gift it to any one they desire. You will get a share in the self acquired property of your parents only in the event that they die without making a Will.
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