To answer your question, one requires full knowledge of detailed facts, which is not possible without examining in detail all relevant documents and facts. Please consult some local lawyer by showing him all the details.
However, in general, I may make the following comments:
- I hope there was no will left by your father and it is a case of intestate succession.
- Daughter can be excluded from the intestate succession of father’s property (prior to 2005 amendment of Section 6 of the Hindu Succession Act) only if it was coparcenary property. For other type of property of the father, daughter also has right as per Hindu Succession Act.
- If it is intestate succession, mother, 3 sons and 1 daughter will have equal rights. Generally, sometimes, daughters do not claim their share after marriage if it is only a house in which other members of family are actually living; but that is a different matter.
- If the property has not been partitioned so far, it will have to be partitioned amongst the successors.
- No individual successor has additional right to distribute partitions. If the property is still not partitioned, the mother (being one of the successors) can make a will in respect of her own (undivided) share only, but she cannot make a will considering the whole property as her own.
- Payment of water and property tax being in one successor’s name may be one circumstance which is relevant, but it may not be conclusive of the complete ownership of the property if other legal documents are not supporting that, and if other successors are also in continuous joint possession of the property.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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