Daughter's Rights at Stake: Property Claim After Father's Lifetime Sale to Sons

Seeking Share in Sold Property: Expert's Advice

A woman from Odisha has sought advice on whether she can claim a share in a property her father sold to her brothers without informing her. The Ask Wallet-Wise initiative, which offers expert advice on personal finance and money-related queries, has provided insight into the matter.

The woman, who is the eldest daughter in a family of two daughters and two sons, recently discovered that her father sold his self-acquired land in Bhubaneswar, Odisha, to her two younger brothers in 2005 without her knowledge or consent. Her brothers subsequently constructed a house on the land and are currently residing there. The woman's father passed away in 2015, and she is now seeking to assert her legal rights over the property and claim a share from her brothers.

Under Hindu law, a person is entitled to dispose of their self-acquired assets during their lifetime, whether by way of gift or sale. This includes the ability to bequeath their self-acquired property to any outsider to the exclusion of their legal heirs. Since the self-acquired land was sold by the woman's father during his lifetime, she has no locus standi in the matter and could not have objected even if her father had gifted the land or bequeathed it to her brothers under a valid will.

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However, the woman can claim a share in the assets of her father if he has died intestate, meaning without leaving a valid will for assets owned by him. As far as the land sold by her father is concerned, she has no right to object to the sale transaction.

Note: The table above provides a summary of the property in question, highlighting the key details of the sale and current status.