Legal Advice Needed on Family Land and Inheritance

Question

► Dear Sir/Ma’am, I hope you are doing well. I have a personal doubt regarding family land and inheritance and would like your guidance. My father received land from his father and later a big portion from his phuppho (father’s sister) before her death. He reportedly got it by emotionally manipulating her. He has now secretly married another woman and has a son and daughter with her. We are three daughters from his first wife, and we have been living in this house since childhood with our mother. The second wife and her children have never lived here. Now, he is planning to either sell the land or transfer everything to his second wife and her children. He said he will only give the land he received from his father to us, but the big portion from his phuppho he intends to sell or give to his second wife. Could you please advise: Do we daughters have any legal claim to this land? Can he sell or transfer it all without our consent, both before and after his death? Does our long-term residence here affect our rights? Thank you very much for your time and guidance.

Answer 1

1. Do you daughters have any legal claim to this land?

It depends on how the land was acquired:

A. Land inherited from your grandfather (ancestral property):

Yes, you do have a legal claim to this land.

If the land was not divided and was passed down from your grandfather to your father, it is considered ancestral property.

In that case, all children (including daughters) have a right in that property by birth under the Hindu Succession Act, 1956 (amended in 2005).

2. Can your father sell or transfer the land without your consent?

A. Ancestral Property:

No, he cannot sell or transfer ancestral property without the consent of all legal heirs, including you and your sisters.

Any such sale can be challenged in court and declared invalid.

B. Self-acquired Property:

Yes, he can sell or transfer self-acquired property (such as the portion from his phuppho) without your consent, during his lifetime.

However, after his death, all legal heirs (including you) may have a right to a share if he dies without a valid will.

3. Does your long-term residence in the house affect your rights?

Mere residence does not grant ownership rights unless you can prove that the property was intended to be shared or given to you.

But if the property is ancestral, then your residence strengthens your claim to stay and use it.

If it is self-acquired property of your father, your long-term residence can help delay eviction but does not give you ownership unless proven otherwise (e.g., if your mother contributed financially).

Answer 2

No, daughters donot have any right in such properties of father. Being owner father has every right to sell or dispose or transfer or gift his all properties according to his wishes and for doing so he does not require any permission from any body including daughters and wife etc. daughters and wife's of father are living under permissive license of father which father can revoke at any time. Longtime stay does not constitute any right of ownership. So it is wise to accept the land and property which father is giving without raising any objection otherwise daughters and first wife should lose it. As per law daughters and wife are only entitled to maintenance.