Can a married daughter claim father's self-acquired property?

As long as your father is alive you cannot stake a claim to any of his properties, and since the property is self-acquired, he can will it to anyone he wants. However, if he dies intestate, you being a class I heir, can stake a claim over it.

Can married daughter claim father's property in India?

Yes, as per law, a married daughter has every right to claim a share in her father's property. She has as much right as her brother or unmarried sister.

Can daughter claim right in father's self-acquired property?

The Supreme Court has ruled that daughters are entitled to inherit fathers' self-acquired and other properties.

Who can claim father's self acquired property?

Answers (2) Sons and daughters have the first right (as Class I heirs) over the self acquired property of their father if he dies intestate i.e. without leaving a Will and since both the son and daughter are also coparceners, they also have the legal rights to get shares in ancestral property.

Who are the legal heirs of self acquired property?

In case of death of any children of your father their respective children will the LRs of your father. You, your mother and all your real brothers and sisters. His legal heirs are his mother, widow and children, each one of whom succeeds equally to his property.

Indian Kanoon - Daughter's right over father's self acquired property - LawRato

Can married daughter challenge father's will?

Yes you can challenge it. But before that some aspect has to be seen that is whether property was self acquired property of your father and if so then your father has absolute right to execute will under section 30 of Hindu succession act.

Can married sister claim father's property?

As per the Hindu Succession Act 1956, your elder sister being a class I legal heir is entitled to claim her share in the property if these belonged to your father, unless she has been deprived of her entitlement by virtue of any effective instrument.

Can wife claim husband's parents property?

According to Hindu Undivided Family laws, the ancestral property belongs to the coparceners only. As per the law, the wife is not counted among the coparceners. However, if the wife inherits property from the husband legally, she can claim the husband's ancestral property.

Can daughter in law claim father in law property?

The daughter in law cannot claim any share in the ancestral property of her father in law. She gets a share only through her husband. Being ancestral property the son has a share in the property and is a coparcener.

Can child of divorced wife claim of fathers self acquired or ancestral residential or nonresidential property during the father's lifetime according to present law of India?

Neither the wife nor their children can claim any share in his self acquired or inherited property, not at least during his lifetime. The father can dispose his property to anyone of his choice by transferring the same to anyone of his choice by executing a registered deed during his lifetime.

Can husband claim property bought in wife's name?

Can husband claim ownership of property bought in wife's name? Yes, husband can claim ownership of property bought in wife's name provided the funds used for buying the property is from known sources and legal.

When can a daughter Cannot claim father's property?

Even when the daughter is born before 2005, she has a valid right in the property of her parents. She can lawfully claim the rights in the property of her parents. However, since the law cannot be made effective retrospectively, it is mandatory that the father is alive when the law came into force i.e. 2005.

Can daughter claim mother's property after marriage?

As per the Hindu Succession Act, 1956: Both married and unmarried daughters now have a legal right to their father and mother's property. Daughters can now also become the manager or Karta in ancestral property. Daughters have the same rights and obligations as their sons.

What is the right of daughter in parents property?

The new amendment act clearly states that if the father dies intestate (without making any will). Then the daughter is the sole heir; then, she has a legal right to the property by birth and not through the male members of the extended family (i.e. the son of the deceased person's brother).

Can daughter claim father's property after 12 years?

No, they can not claim the right of the property after 12 years. The law on adverse possession is contained in the Indian Limitation Act.

How can I claim my father property?

1. You can claim your father's property on ly if your father dies intestate. 2. In that case you shall inherit his said property alongwith his other legal heirs like your mother and his other children.

Is married daughter legal heir?

Married daughters are included as legal heirs from 2005 as per the amendment in the Indian Succession Act. Married daughters are have equal rights in family property as that of son. Also legal heir certificate will contain name of married daughter also.

Who is the owner of property after father death?

Since your father died intestate, that is, without making a will, all the legal heirs, including you, your brother and your mother, will have equal rights over the property. If he had made a will making your brother the beneficiary of the property, you would have had no legal right over the said property.

In what situations are daughters not eligible for property?

2. All the legal heirs of the property of a deceased person, who died without leaving a will, will get equal share of his property. Step daughter is not eligible to get the share of her step father's property who died intestate.

What is self acquired property?

Self acquired property is the property that you have purchased from your own income. As far as your self acquired property is concerned, you are free to dispose of it in any manner you like.

Does second wife have rights to property?

Under the Hindu Succession Act, the second wife has the same right in her husband's property as the first if the marriage has taken place after a divorce with the first wife or the demise of the first wife.

Who is the owner of property after husband death?

Under Hindu Law: the wife has a right to inherit the property of her husband only after his death if he dies intestate. Hindu Succession Act, 1956 describes legal heirs of a male dying intestate and the wife is included in the Class I heirs, and she inherits equally with other legal heirs.

Who has right on wife's property?

Yes, being the class-I heir of the deceased woman, the husband also will equally have right title and interest on her properties along with her children.

Can I claim tax exemption for a property in my wife's name?

Unfortunately the answer is No. If you are a joint owner of the property then you can claim for tax exemption but if the property is in your wife's name, you cannot claim such exemptions.

Can divorced wife claim husband's property after his death?

Dear, A wife is not legally entitled to her husband's self acquired property and can only enjoy her husband's self acquired property till her husband's death. A wife cannot claim her husband's property before or after divorce.