Legal Question in Real Estate Law in India
1) Can a married daughter claim a share in her parent's (self acquired) property, when her father has died intestate?
2) But, the Mother is against giving anything to the daughter and wants to give the full property to the son. Can the daughter challenge her wish or her will (if any) in court for her share. Mother is the owner of the property right now.
3) A part of the property belonged to the father (which the mother has got transfered after his death) and the other part has been in the mother's name.
3 Answers from Attorneys
yes, she is entitled to the share equal to the son in the share left by father.
1) Can a married daughter claim a share in her parent's (self acquired) property, when her father has died intestate?
yes she can.
2) But, the Mother is against giving anything to the daughter and wants to give the full property to the son. Can the daughter challenge her wish or her will (if any) in court for her share. Mother is the owner of the property right now.
How could mother become the owner. You had a right. Yes you may challenge her wish. In fact, you need to claim your share by filing a suit for partition.
3) A part of the property belonged to the father (which the mother has got transfered after his death) and the other part has been in the mother's name.
Mother may give her share to any one including son to your exclusion by way of WILL or gift. But she cannot give share of father. Share of father has to be divided between mother, you and son equally.
1. There is no question of claiming anything. The moment father died, undivided ownership devolved upon daughter with other Class I heirs.
2. Mere wishes has no legal effect. Mother has no authority and cannot given share of daughter to anybody.
3. There appears to be fraud played by mother on the concerned authorities to have entire property mutated in her name after demise of your father. The daughter need to take appropriate civil and criminal actions for the wrong done.
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