we 4 daughters& a son to my father.Father says its his propery & 90% to son, 10% to us,can we get equal share

Question

we are 4 daughers and one son to our fatther. He is a businessman. we all are married. Now father says only 10% of the property will be given to us and rest 90% will be to his son as every property he earned. Also he made to us sign a agreement that we wont claim in future in his sons property. Now around 30% of property are registered in our mothers name and rest on my father and brother. He also making efforts to register the mothers share on sons name.
Basically our grand father had some property and with that he started business. But now father says everything to his son and he had spend a lot to us for marraige. Can we 4 daughters claim equal share in fathers property, even if he going to write a will for son, our mother also supports us but afraid of father.

Answer 1

I want these clarifications first, and then I can give you proper reply which is legally viable in your case. Was the property of your grand father that was used by your father his own property i.e. self acquired property of the grand father, secondly was this business started by your father during the lifetime of your grand father & was he also a partner in the business & its property or was this business started after his death using his wealth by your father, thirdly were you all born when this grand father's property was used by your father in starting this business or you born after the business had started, did your father also put his own self acquired wealth or money or property in this business. The status of the property of your grand father has to be clarified first in order to come to any concrete conclusion. When you give all these details I shall further reply this question. As per the information with regard to property of your grand father which you sent me directly on my email, this property was self owned by your grand father not ancestral property coming to him through his father, grand father & great grand father & it devolved to your father after his death. At that time you all were born & studying i.e. 30 years back. Now since this property was the self owned property of your grand father & your father was the only class 1 heir according to the Hindu Succession Act, 1956 section 10, where you all the grand children are not included in this category of class 1 heir since your father was alive & you were not the children of pre-deceased son of your grand father. In such a situation this property became the self owned property of your father, which he used for propagating his business. Now he even made certain property out of his business that was purchased in your mother’s name. Once any title of property is made in a Hindu woman’s name it becomes her Stridhan & she becomes its absolute owner as per section 14 of this Act. Next your father wants that his property which stands in his name should go to his son 95% & rest 5% to all you sisters. Yes that he can do as it is his self acquired property whose titles are in his name or are in his possession & control. As far the property that stands in your mother’s name, he cannot force her to make any will regarding that property as your mother only can do so as she wishes to do. Although that property was purchased by your father from his self earned money but since it now stands in your mother’s name it is her own property on which she as Absolute Right of Ownership. Your mother can transfer that property or make a will regarding that property as she wants, as far your father getting signature of your mother on a will with regard to her property can always be revoked by her any time & she can make a new will with regard to that, she can even dispose of that property during her life time & distribute the amount amongst all of you as she wish. Your father cannot for any purpose force your mother to go by his dictum. You cannot challenge or ask for equal share from your father's self acquired property now. If he dies without making any will of that property then you can get equal share but if he makes a will or transfer his property in his son's name you can't say or challenge it as it’s his self acquired property. What the maximum you can ask your mother to dispose off her property & divide that amount amongst all the sister or make a will with regard to her property in favor of all the daughters that will devolve on to you all the sisters & debar any share for the son or her husband i.e. your brother & father, so they won't get any share from her property. Nothing more you can do in such a case & situation legally, whether in the court or outside. This is the legal position.

Answer 2

The properties bought out of your father's earnings, you may not get anything. When the property is ancestral, you have the equal right.

The above said is law. But there is a custom in many parts of India and in world, where the son will get the properties. The recent laws can not remove customs completely.

Is your husband will give a equal share to his sisters? Even if he dont have sisters, is he has the heart to do so? Or your husband forcing you to get the property? Or you are in desparate need of money?

Make peace with everyone. Give your brother as your father will. When you really love your brother, that one brother can take care of all you 4 sisters. He will come and support you in any crisis. Dont go to court and break family relationship and make suffer your children without a maternal uncle who is a very important relationship in life.

My suggestion is for not to fight... Ask for more if you are in real need. Relationships are more important than money.

Answer 3

Try to have a family meeting and convince your father that what is in your mothers name be given equally to all the siblings. What father is giving from his share apart.
If you do not have an amicable settlement it will be a life long litigation and lots of heart burns.
These days with steep rise in property values this is becoming a common feature - look for a consented solution.Get some other senior/family friend to intervene, it may help.

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Answer 4

Find out what the law says about it in your country. Usually its 50-50 for husband and wife. If the wife dies, her 50% share is divided among the children and so goes with the rest of the property and money in case your father dies unless a will is drawn and allocations are made. It sounds to me your father is belittling your (daughters) rights simply because of a son. There is NO GENDER when it comes to legal inheritance division unless stipulated in a will.

Answer 5

I don't think so,since you said the property was earned by your father himself. Had it been ancestral property,you and your sisters wud hav stood a chance. Moreover,you hav signed an agreement too.However,if you grandad's property is still there,you can claim an equal share to tht.
Consult a gud lawyer who may find sum loopholes,if any,in your dad's plan.
What your dad is about to do is morally wrong.Both son and dautr shud be equal before a parent's eye.

Answer 6

Basically this is very unfair. All children should receive equal share.

If this is not the case, the one who receives more, e.g. your brother, has to pay out the other ones in order to equalise the share. Meaning your brother must pay you sisters, if he receives 90%.


Inform yourself what legally "the law and right to succession" is applied in the area or country you live.

Find out if this law is applicable locally or nationally, accordingly you have different means in hand.

Then take a lawyer and take the necessary steps.

Good Luck.

Answer 7

Who told you wont get equal share ? Now the law clearly made that son & daughter is to get equally no chance of variation. If you want to sacrifice some percentage you may that time he will get other wise no chance for him to take 90% share.. other wise you can put a petition in the court ( all the sisters together)

Answer 8

I feel very sorry for you.
In this day and age to make a distinction between daughters and sons is absurd.
If I was your father, I would have divided my assests in 5 equal parts.
I was looking through the answers, give more info and Vijay may help you further.
All the best!

Answer 9

I think it would better to keep u r mouth shut and try to make the good relationship with u r parent as well with u r brother. The provisions as laid down under the Succession Act,- in India, it is not so simple to get the property in u r favour- rather, u may not get break u r relationship but may lost huge amount in lengthy & costly litigation.

Answer 10

he's 10 they are in all probability merely his buddies. stop examining too plenty into it, in the event that they are those type of calls why does your son provide out your quantity and think of this is okay? Take some duty and coach the boy some morals instead of coming to Yahoo speaking nonsense, how previous are you? 15? appearing like a baby.

Answer 11

You'll beable to fight it in the world of law, but usually a persons will is just that. But greedy money hungry people fight it. It would tie up the estate for quite sometime too.

your father maybe see's his son as the one who will carry on the family business in a more proper manner, and maybe he doesn't like nor trust any of your husbands.

you can fight his will in court. good luck