Legal Question in Family Law in India

My rights with my father

I am 30 now and my parents got divorced when i was 7 years old my mother did not go to court in 1983. from this time my mother was depressed and she is a bipolar patient still now. We did not know what action we can take at that time . After divorce my father got married again in 1985 . He also sold the property which belonged to my grand father with out my knowledge .He used to visit me once in a year for 10min in my school. This was also stopped when i entered college. He did not take any responsibility of my education or marriage .Now i am married and my father does not wants me to come to his house or contact his relatives. Now i want to know what all the rights i have as a daughter . He isnow well settled and has 21 year old daughter. I want to know whether i have the rights to get the share of his self earned property and how should i proceed for the same. Kindly advice


Asked on 3/28/07, 12:51 pm

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: My rights with my father

though u do not have rights in your father's self earned property, you are certainly entitled to a share in the ancestral property; the sale of your grand father's property made by your father can be challenged by u even now. you will get ur share in your grand father's property.

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Answered on 3/28/07, 1:53 pm
Nandita Haldipur Haldipur Associates

Re: My rights with my father

Though your father has divorced your mother, you have right over the ancestral properties. you can file a suit for partition aganist your father for your share. in case he has sold the same without bringing to your knowledge, you have to initiate legal action against your father and the purchaser of the said property.

In respect of the self earned property you donot get any right.

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Answered on 3/31/07, 1:11 am
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: My rights with my father

though your father divorced your mother, you have right over the ancestral properties (your father's father's peroperty). you can file a suit for partition aganist your father for your share. in case he has sold the same without bringing to your knowledge, consult your local advocate and initiate legal action against your father and the purchaser of the said property.

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Answered on 3/30/07, 1:25 am
rajeshwar sharma rajeshwarnathsharma

Re: My rights with my father

Answer to your query:

You have or no body has any right to claim the share in the self earned property of father. However you can challenged the transfer if your father had sold out the ancestral property and can claim your share. For further query give full details.

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Answered on 3/28/07, 11:25 pm
G. M. Gupta gmguptaandassociates

Re: My rights with my father

you have not right against the self earned property of your father

you have right in the property of your grand father.

check and make sure that your mother had not made any statement regarding the ancestral property of your father at the time of divorce. if your mother had recinded your rights or she recieved money or something else in place of your rights then your rights may get extinguished.

check out this and contact a lawyer with all documents

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Answered on 4/29/07, 9:29 am


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