Legal Question in Family Law in India

Share in Parents House

As a married daughter can I get any share in my fathers built Home. My father has died, and I'm living along my husband, mother and married brother in the said House.


Asked on 5/14/07, 7:26 am

6 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: Share in Parents House

yes you have an equal share in your fathers property

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Answered on 5/23/07, 9:10 am
rajeshwar sharma rajeshwarnathsharma

Re: Share in Parents House

Yes. You have a legal equal right & share alongwith your mother and brother in all the moveable and immoveable properties left your father including the living house which is his self acquired property. Under the law if male dies than his estate will devolved upon his all legal heirs of Ist sch of Hindu Sucession Act according to that you, your brother and mother comes under this category'

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Answered on 5/14/07, 8:15 am
Vishwa Arya Arya & Co.

Re: Share in Parents House

you surely have a share along with your mother and brother. it does not matter where you stay.

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Answered on 5/15/07, 1:57 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Share in Parents House

You have not mentioned two things :

(a) whether the propperty is self acquired or ancestral;

(b) whether your father has died intestate or he has left a will;

in any case, you are advised as under :

(a) in case of ancestral property, your father had no power to make a will; you are an owner of your share right from the date you were conceived i.e. from nine months prior to your birth; therefore, even if there is a will, if the property is ancestral the will is inoperative and you will get a share;

(b) if the property is self acquired, your father was entitled to make a will; if he has made a will, the inheritance will be as per will; if there is no will, you are entitled to inherit one share at par with other Class I heirs in terms of Hindu Succession Act.

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Answered on 5/14/07, 11:41 am
G. M. Gupta gmguptaandassociates

Re: Share in Parents House

yes you are entitled to claim share for details you may contact as u wish

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Answered on 5/22/07, 2:21 pm

Re: Share in Parents House

you are class one legal heir and have equal right in the property of your father along with your brother and mother.

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Answered on 5/14/07, 12:48 pm


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