Legal Question in Family Law in India

You have earleir confirmed that all sons and daughters , (married as well) have equal rights to inherit father's property after his demise. The children's mother is predeceased. Now after a father dies all the property such as cash, jewellery and other business assets are in the custody of the sons. Also the house where the sons reside was presumably an ancestral property owned by the father. The contents of the will are not known if it was ever made and if made what was it contents as it possibly lies with one of the sons. Now in such a circumstances, how can the married daughters get their rightful share to the father;s property. Which are the properties , the share of which will come to the married daughters. Does the daugthers have right to a share in the immovable house that was owned by the father and which may have been already transferred by the father in the name of the sons before his death.

Thanks and regards.

Rakesh


Asked on 6/03/11, 7:57 pm

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

You are asking so many questions in your statement here in above. The best course for the married daughters would be to file a partition suit but if the father has already transferred his immovable properties in his sons favour in his life time then the daughters or anyone cannot claim it. If the father dies intestate then the property(ies ) would devolve upon all the legal heirs of the father in equal share which includes the mother and the wife as well of the father.

Read more
Answered on 6/03/11, 8:31 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

first of all enquire what is the status of the property u are asking for is it ancestral or self acquired by your father.

is your father died intestate or not?

if the will is there u can challenge it

if you dont have any source of knowing all these than file a partition suit as at that juncture they have to state the status of their right on property and nature of property. .

Read more
Answered on 6/03/11, 10:48 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India