share of the property to the son and the daughter if the father dont want to

Querist : Anonymous (Querist) 26 October 2010 This query is : Resolved
My mom has passed away recently. The whole property, funds, everything was given to my dad by my mom before she died. I was doing B.tech which has now stopped. My ID proofs and my certificates have been burnt by my dad who is going to marry again. He was in Army now retired. I have one sister. We are twins and 21 years old now. He says he don't know me and my sister and neither he would give any share from the property. Now I don't have any documents to claim for the property neither for further studies. Her ID proofs are safe. We two are of nowhere now. Dad has got land in Kolkata under his name. Mom had her land in Faridabad, Haryana under her name. She transferred her property to Dad. Are we still eligible for any stake from the property ? What shall we do to claim for the property ?

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R.Ramachandran (Expert) 26 October 2010
If it is self acquired property of your father, you cannot claim any right over it.
As regards your mother's property, you say that she has transferred the same in your Dad's name.
Therefore, you cannot claim any right over that property either.

R.Ramachandran (Expert) 26 October 2010
My sincere advice, some how take educational loan and complete your studies i.e. B.Tech. That will give you an opportunity to stand on your own legs and to take care of your twin sister. Do not stop your education.

Devajyoti Barman (Expert) 26 October 2010
If your mother had died intestate leaving behind the properties in her names then certainly you along with your sister can claim those properties by way of suit for Partition. If you could give details of the status of properties in various cities then it would be convenient to further advice.

s.subramanian (Expert) 30 October 2010
What has happened to you both is very cruel and gruesome. Do Not worry. Lodge a criminal complaint against your father for destroying your study certificates. If the police do not take any action approach the High Court through free legal aid cell. They will take care of the rest. Once you start this,your father can be cowed down and you can seek your share in your mother's properties. For further advice and help ,you are at liberty to contact me.

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