How can I claim father's property in India?
Asked by: Demarco Balistreri | Last update: July 25, 2025Score: 4.4/5 (15 votes)
You can claim your right in your father's property through various legal channels if your father passed away without declaring any will. Consulting a lawyer having expertise in inheritance law is always advisable to get the transfer done smoothly.
Who does father's property belong to in India?
According to the Hindu Succession Act of 1956 it is stated that both sons and daughters are entitled to an equal right on their father's self-acquired as well as ancestral property. The 2005 amendment to this act also states that daughters have equal corporate rights like sons in respect to ancestral property.
Can a married daughter claim father's ancestral property in India?
According to the Hindu Succession (Amendment) Act, 2005, a daughter has the same right to her father's self-acquired property as the son, irrespective of her marital status.
What is the time limit to claim ancestral property in India?
The time limit to claim ancestral property in India is typically around 12 years. Still, courts may consider valid reasons for delays. If you wish to restrict the sale of ancestral property, you can file a civil suit within three years of the sale.
Can a son claim father's property when the father is alive in India?
Son's right in case of ancestral property
As has been discussed before, a son has coparcenary rights since birth. He can even claim his share in the ancestral property before his father dies, i.e. during the lifetime of the father (by way of partition).
Rights in Property Ends 😱🔥| Son Right in Father's Property | Daughter Right in Father's Property
How to claim father's property in India?
Under the Hindu Succession Act, the property of a Hindu father is first distributed equally among his Class I heirs, which includes his widow, children (including daughters), and mother. If the father's mother is not alive, then the property will be distributed equally among his widow and children.
How to divide father property in India?
Since your father died without a will and the properties were self-acquired, these will be distributed equally among his class I legal heirs, including his mother, if she is alive, wife and children (you and your brother).
Can a US citizen claim ancestral property in India?
Yes, foreign citizens can inherit property in india. Though they have no right to acquire land meant for farming purposes directly; such people are allowed to do so through inheritance procedures. But then there might be limitations imposed on selling this type of property.
Can I claim ownership of land I have used for 20 years in India?
Can I claim ownership of land I have used for 20 years in India? Yes, if you fulfil the requirements for adverse possession, which include continuous use for a statutory period of 12 years, exclusive control, and hostile intent, you may be able to claim ownership.
What is the new law on ancestral property in India?
Children born in live-in relationships have right to ancestral property. According to a June 2022 order by the Supreme Court, children born out of a live-in-relationship can claim their right in their father's ancestral property.
Can a daughter challenge a father's will in India?
So, we can say that the daughter cannot challenge the will of self- acquired property but can challenge the will of ancestral property if her right gets affected by that will.
Can a father disown his son from ancestral property in India?
So, the father cannot unilaterally disown his son/daughter from such property without a valid legal basis. Legal Disqualification: A son/daughter may be disqualified from inheritance in cases of proven misconduct, criminal activities against the family, or any other legal grounds as per the Hindu Succession Act.
Who are the legal heirs of ancestral property in India?
Property inherited from a paternal ancestor: Property inherited by a male Hindu from his father, father's father, or father's father's father, is ancestral property. The children, grandchildren and great-grandchildren of the person inheriting such property acquire an interest in it by birth.
Can my father sell his property without my consent in India?
Self-Acquired Property: When the property is purchased by the father himself using his own funds. The father is considered to be a sole owner of the property and can sell the property without the son's consent.
What is the new property law in India?
A new property law is forthcoming in India set to come into effect from 2025—that will completely redefine the manner in which property rights, ownership, transfer, and inheritance are regulated. This new law intends to bring about transparency in property-related deals and reduce the number of disputes.
Can a father give all his property to one child in India?
In an ancestral property, all the sons have a right by birth and therefore, the father cannot give the ancestral property to one son to the exclusion of others. After amendment of 2005 in the Hindu Succession Act, even daughters are coparceners and have a right in the ancestral property.
Can a tenant claim ownership after 12 years of stay in India?
In India, a tenant may claim house ownership after staying for 12 continuous years. This is known as adverse possession of property. Tenants filing ownership claims under adverse possession generally arise when the lease expires or the landlord defaults on the rent agreement clauses.
Can I claim property taxes from previous years?
by TurboTax• 99• Updated 1 week ago
You can claim prior years' property tax in the tax year you paid them. For example, if you paid your 2022 property taxes in 2024, claim them on your 2024 taxes. However, you can't include any late fees, interest, or penalties—just the tax itself.
How do you prove land ownership in India?
In India, land ownership is primarily established through a registered sale deed (a record of the property transaction between the buyer and seller). Other documents used to establish ownership include the record of rights (document with details of the property), property tax receipts, and survey documents.
Can I own property in India as a US citizen?
Can US citizens buy property in India? Yes, a US citizen can purchase property in India. As per the regulations set by the RBI and FEMA, they are eligible to buy immovable property in India which includes residential and commercial properties.
Can OCI inherit property in India?
OCI cardholders are allowed to inherit property in India; however, they cannot possess agricultural land and must follow the legal processes for handling and returning inherited funds to their home country.
What is the time limit for daughters to claim ancestral property in India?
The time limit to claim ancestral property by daughter in India is 12 years just like the sons. According to Article 65 of Schedule I in the Limitation Act, 1963, an aggrieved person may file a suit for recovery of possession of immovable property or any interest therein based on proprietary title within this period.
Can a married daughter claim father's property in India?
As discussed before, the right of daughters in a father's property in India is absolute now, and they have an equal claim to the property as the son. This applies to married daughters also.
Who gets property after father death in India?
After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.
What is the order of inheritance without a will in India?
Without a Will, the distribution of assets may not reflect your personal wishes and intentions. The default rules of intestate succession often prioritize immediate family members or natural heirs, such as spouses, children, parents, and siblings as per ratio defined in laws.