Rights as Daughter
3 years ago
My Dad left me and my mom in 1997 when I was 11 for another woman. Initially, he supported us for 6 years. My parents were not divorced. While going through all this, in 2004, my mum was diagnosed with schizophrenia. During this time, my father got my mum to sign away the property in Pune and her savings. My mom passed away in 2009.
In 2009 I got married. Prior to my marriage, my father tried to get the keys to my mum's flat in Mumbai. After that there was no contact from him. He may be still residing in Pune with his present wife. Right now we are not even sure if he is still alive, his second wife never liked him or us contacting each other. I want to know about my rights as a daughter. Request your guidance.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
if he dies without WILL then you and children if any from 2nd marriage and present wife are legal heirs.
divorce is immaterial because your mother is no more.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You have full right over the property of your mother. If the property is taken by your father will her consent then you can file a suit over that property and claim right over it. In case of joint owner of property your mother will get half share of property which will be transferred to you.
You have rights over you mother property. If the property is forcefully or by misrepresentation taken by your dad you can still claim your right over the property by filling a suit over the property is named under your mother. If the property is named jointly by your mother and father then you will get half of the share of that property.
You can get share in your fathers property if he is not alive.
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