Share of property
Subhro Das
(Querist) 07 November 2017
This query is : Resolved
A and B were husband and wife. C was their only son, D is elder daughter and E younger daughter. F is wife of C. G and H are sons of C. I is wife of G. Of these individuals A, C and G have expired before 2013. B owned a house property which was sold recently for 80 lakhs. B has been forcefully kept by E with her and not allowed to meet D. In fact B being 90 years old is incapable of taking any conscious decision. So the entire process of property sale was handled by E keeping D in dark. Now what E has done is she has given share of sale proceeds to everyone i.e. B , E herself, F, H and I but deprived D. Can D now take any legal recourse to get her share? If yes under which law and section? Please advise.
Ms.Usha Kapoor
(Expert) 08 November 2017
If her parent A ,her father has died intestate whether tjhe property is ancestral orself acquired and A seems to have died intestate as D seems to be elder daughter sjhe should get a share in her father,Mr.A's property along with her 0ther sister E and siboings and sons and widows ogf herr father A and C and G. D is wrongfully deprived of her share in the property by E her younger sister E.Assuming that A's family are Hndus D wouod get a share in the property and in case they wont agree for a Famiily settlement Deed which is incklusive of her she can file a suit for due allotment of her share in A,- her father's property since the partition has already been done.
Adv. Yogen Kakade
(Expert) 08 November 2017
I agree with the expert.. but the query seems academic..
Rajendra K Goyal
(Expert) 08 November 2017
B (wife of A and mother of E) was owner of property, she was alive when property was sold. She has right to sell / mortgage / gift her property and can give the proceeds to anyone, no one can object. Sons of C, daughter in law of C, other daughter of B can not object.
SHIRISH PAWAR, 7738990900
(Expert) 08 November 2017
D is not having any right to object. As B is alive B has every right to sale property and give share in sale proceeds as per her wish.
