daughter’s legal right: Does a daughter lose legal claim over father’s property after marriage?

Last year, my father died without making a will. He had two self-acquired properties in his name. I have one brother and my mother is alive. I got married two years ago and got a reasonable amount of dowry. Now my mother and brother are claiming that since I got the dowry, I have no legal right over my father’s property. Is this true? Can I make a claim over the property? — Vidya Sarin


Your marital status has no bearing on your right to your father’s property. According to the Hindu Succession (Amendment) Act 2005, being a class I legal heir, you have the same right over your father’s property as your brother. Hence, you can stake a claim to this property.

My father died intestate recently. He had both self-acquired and his share of ancestral properties. My mother is alive and I have one sister who is married. Do my mother and sister have a right to the properties? — Aniruddha Kumar


Since your father died without a will and both your mother and sister are class I legal heirs, they will have an equal right, along with you, to the self-acquired as well as your father’s share of the ancestral properties.

My father had two brothers, both of whom are no longer alive. While one did not have any children, the other had one son. The family ancestral property had been duly partitioned by the brothers five years ago. My father is still alive but my cousin is claiming a right over the ancestral property. Does he have a right over this property? — Himmat Singh

After the ancestral property is partitioned, it is like a self-acquired property. Moreover, if the person is alive, children or legal heirs cannot stake a claim to it. Since your cousin is not a class I legal heir, he has no right over your father’s share of ancestral property.

My father divorced my mother seven years ago. Now he is remarried and has two children from his second marriage. He has two self-acquired properties and is alive. Do I have a claim over the properties? — Heena Kaur

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.

Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.