if it is your father self acquired property he can dispose said property as he pleases . you have no right on said property
Do I have rights over my father's property
sir, i'm the only daughter of my parents. n living with them from last 6 years after my divorce along with my daughter. my father is retired person. n i'm doing job to provide my daughter a better life n also contributing towards the house. but due to regular issues at my home. my father keep on frightening me that it's my property i'll sell this property off then where will i'll go. i'm paying rent to my father also for which i have receipts with me. i want an advise that is there any provision in indian law through which i can hold upto this property.
Asked 10 years ago in Property Law
11 Answers
there must be a way out for this..?
Asked 10 years ago
if your father dies without a will then you would be a legal heir to said property .
that means if a women is divorced n do not own any property she has to always live like this?
Asked 10 years ago
if it was an arranged marriage then also i can't stop him from selling that property out?
Asked 10 years ago
madam once you are married it is your husband duty to provide for you and your child .
you are entitled to seek maintenance from your husband for your self and your daughter .
kindly keep in mind this is a self acquired property of your father and after his death ,if there is no will then your mother and you will get equal share,but if there is a will and after his death most probably the property will go to your mother and after her death then it will come to you ,so kindly keep patience for a better future for your self and your daughter
all that has been settled up. now the problem is that how can i stop my father from selling this property. as u said its husband responsibility. so is there a way my mother can help me out in this matter. is there a way she can stop him from selling this property.?
Asked 10 years ago
your mother has right to stay in matrimonial home . if your mother is victim of domestic violence she has can file complaint under Dv act . she can obtain an injunction restraining her husband from selling the property and for right to stay in matrimonial home
Irrespective of the status of a woman, whether she is unmarried, married, widowed, divorced, a woman can not claim rights over the property of her father if the property is her father's self-acquired property except when her father has died intestate. If he has left a WILL, then the property would devolve as per the contents of the WILL. Better thing for you is to discuss with him and pursue him to retain the property.
If the property is your father's self purchased property then he can sell it at his sweet will without any restriction. You have no rights whatsoever in it.
The only scenario in which you can get this property is if your father makes a will in your favour, or does not make a will at all.
You are a divorced woman. Did you not sue your husband for maintenance of yourself and your child? On what terms was divorce finalised? You may sue your ex-husband for financial support for yourself and your child.
The only right which your mother has is the right to stay in her matrimonial house. If she is thrown out of house then she may seek enforcement of right to reside in matrimonial house by moving to court. Excepting this right, she has no other right in your father's self purchased property.
as replied earlier