Claim to Property
Wife and daughter claim property in the my parents self acquired property.
We are assuming this is Hindu family and answering accordingly. Please let us know if this is not the case, we will get back to you with the relevant answer.
Self acquired property is any property purchased by an individual from his own resources or any property he acquired as a part of the division of any Ancestral/Coparcenary property or acquired as a legal heir or by any Testamentary document such as ‘Will’ etc.
No, your wife and daughter cannot claim a share in the self-acquired property as a right, because it is your parent's absolute property and the parent can do with it whatever she/he wishes to, with it.
However, if your parent expires without having made any will with respect to this property, then you will become a "Class I heir" and you will get a share in the property.
If you pass away before the death of your parent, only then your wife and daughter can claim a share because the widow of a predeceased son is also a Class I heir under S. 15 of the Hindu Succession Act, 1956.
The property is to be divided equally among all eligible Class I heirs.
In response to the following comment by you:
Thanks a lot for your detail clarification. Yes i am hindu. My father got 3.5 acre from my grand father by settlement deed. Then parents bought more than 15 acres. Wife filed partition suit with minor daughter. They claimed as first 3.5 is ancestral, remaining propertys are ancestral nucules propr
Ancestral property is that in which the right on a property flows for 4 generations without any break or interruptions in title. You mentioned a settlement deed. This deed constitutes a break in the title. So, the property your father got as a result of this settlement deed has become HIS self acquired property, and is no more ancestral property. Hence your wife and daughter cannot claim any right to it. Your father can give it away to whoever he wants to give it to.
The 15 acres is also not ancestral property in which your wife and daughter can claim anything.
In response to the following comment by you:
Trial court has been dismissed all the IA's. But they have been gone high court and transferred the case to another court. Same they appeal in the High court. Wife's sister and her husband working in high court, They disturb the parent's possession in the property and using "high court lawyer" influence, created FIR(506 (2)) in local police station, even police is not take parents complaint also. Also they sought for direction above said property to 107 & 145 proceeding. With this they will go for life threaten activies(One time came with 5 lawyers and 10 rowdys) to Parents place(I am staying Bangalore for work), Parents and myself decided to write "WILL" all property to some trust or temple, which should not go to wrong hand. Please advise on this.
If they are threatening you, you must file an FIR for Criminal Intimidation. Under Section 503 of IPC whoever threatens another with any injury to him, his reputation or his property, or to the person or reputation of any one in whom he is interested, with intent to cause alarm to that person, forcing them to do something which they are not legally bound to do, using threats, commits criminal intimidation.
Section 506 provides the punishment for criminal intimidation with imprisonment which may extend to two years, or with fine, or with both.
If the threat are to cause death or grievous hurt, or to cause the destruction of any property by fire, or to carry out an offence which is punishable with death or imprisonment for life or seven years, or to impute unchastity to a woman, then the punishment can be extended to seven years, or with fine, or with both.
However, please note that this is a NON COGNIZABLE, BAILABLE OFFENCE. In a Non-Cognizable Offence, the police will require the permission of the court to register a case or investigate. The accused cannot be arrested without a Warrant.
If you go to the police station to file a complaint, as per Cr. PC, the Police Station is required to record an abstract of such complaint in the General Diary. They will then advise you to file the complaint in the concerned court as police is not empowered to initiate action in such matters without the directions of the court.
The judicial process can be started by filing a private criminal complaint before the competent court, under Section 190 of the Cr.P.C.
As you indicate, the police is reluctant to lodge a FIR. In that case, you can send your complaint regarding this refusal to the Superintendent of Police. This information can even be communicated by a letter. The Superintendent can start investigation himself or direct the police officials subordinate to him to investigate the matter. You can also approach the Magistrate to order the police to conduct an investigation into the matter. In fact where the Superintendent of Police fails to take adequate action, you must approach the Magistrate.
It is not advisable to transfer this property to anyone as of yet, because the land is under dispute. Kindly wait for the issue to be decided by the court before carrying out any such step.
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