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Indian Law/Can a legal wife and daughter inherit property (christian )

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Question
Dear Sir,

Am in urgent need of your answers to the following query, as it needs to be resolved at the earliest.

I am a Christian from Karnataka. My dad inherited a small piece of land from his mother as a gift deed about 10 yrs ago. We have built a house in this land. I am the only child ,am married and I live with my husband and our baby in another state. Off late, in my mother's house, my dad's behaviour has changed alot towards my mom and whenever I visit them or call them he doesnt like it. He has got into all kinds of bad habits and when advised to abstain from his bad habits and be concerned about his health,his age and the respect of the family, he fights with us. And frequently threatens to kill my mom or put her out of the house and says he will sell the property and will ensure mom and I dont receive any share over the property.

Sir, now my concern is, I want my dad to give my mom half share and me a small share from the sale of the property. All my life I have seen my mom only face problems from my dad in different ways, but its beyond control nowadays,she has spent all her savings on building the house, for my marriage and clearing most of the loan and running the house from her salary. I want my mom's future to be secure atleast now.

The house is still under home loan jointly in my parents name,but my dad has decided to sell the documents and clear bank loan, if that doesnt work out he plans to transfer the propety to somebody else but not mom and me.

Sir, please tell me in this case what can be done to receive the share in the property when my mom and I are his legal family and to stop my dad from misusing the money from the property sale.

Thanks and regards,
Mrs. Dsouza

Answer
Dear Dsouza
Sorry to state this, but you and your mother do not have any right over the property of your father as the property is exclusively owned by him. You cannot do anything legally to stop him from selling the land.All that your mother can ask for is maintenance.Things would have been different if the property was co-owned by your father and mother. Then she will be entitled to half of the share of the property  

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Advocate Manoj Ambat

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I can answer any questions concerning Indian Law, that may include Criminal, Civil, Matrimonial, family laws, consumer contracts, agreements personal laws including Hindu Laws and banking laws in India. I do not specialize in tax laws. DISCLAIMER: The profile and the answers given above by the expert are in conformity with the guidelines laid out by The Bar Council of India and is not intended as a means of Personal promotion nor as an Advertisement of services provided by this expert as an Advocate. The questions answered herein are free in nature and are in conformity of the legal aid programs of The Bar Council of India. Please also note that the answers given are specific to each question specified by the questioner and details provided by the same which may not reflect on the actual problems faced by the questioner. Hence it is advisable to personally consult a good Advocate/ Lawyer in your locality for solutions to your problems. The expert and this website does not undertake the accuracy of the answers herein given and the questioner's discretion is advised. FOR THE READERS: The answers given herein should not be considered as a general answer and are specific to the questions asked herein.The answers are only just path finders that leads you on the correct answers. It is always advisable to personally consult a lawyer for specific solutions to your problems

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I am an Attorney/Advocate/Lawyer running independent practice having extensive practice in Criminal laws,Civil laws,Family laws,Divorce laws, Guardianship of children and minors,Consumer Laws and rights,Contracts and agreements,Property laws in Kerala,Labour laws,Medical negligence,personal laws including Hindu Laws, Tribal laws and rights and Motor Accident Claims for the past 13 years.

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Having Independent practice and Senior Partner in Manoj Ambat (Law Firm).Also currently involved in Tribal Rights & Empowerment Movements in the hills of Attapady, Palakkad District, Kerala State giving free legal education and assistance as part of the Akhil Bharathiya Abhibhashaka Parishad legal assistance program along with associates

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BA.L, LL.B, General Course in Intellectual Property Laws ( WIPO, Geneva)

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