Doughter's claim in father property
S.Negi
(Querist) 22 July 2013
This query is : Resolved
Dear sir,
we got married in 1998, my wife is having the 03 brothers and two sisters, her father died in June 2004 mother is still alive staying with her sons.her father left one big house and plots behind. that time we are no aware about the claim. her brothers transferred all the property in their name (we don't know whether some transferred to her mother or not).initially her brothers were interested to give some to sisters but now they refuse. they all 3 brothers are well established and having government job. we are working private and earning less salary.
kindly advise us can the sisters claim the property? i shall be very thankful to you.
it was self acquired and i think there was no any will. how it was transferred we don't know but one of the their relative is working in registrar office .
Rajendra K Goyal
(Expert) 22 July 2013
Whether the property was self acquired or inherited by father of your wife? Whether he left any will or not. How the property was got transferred in the names of the brothers of your wife? How much and how the debt existed and paid?
Above information is necessary for the advise.
Adv Archana Deshmukh
(Expert) 22 July 2013
Your wife as a class I heir of her father can claim her share. Consult a local lawyer with the details of the property.
S.Negi
(Querist) 22 July 2013
it was self acquired by her father and i think there was no any WILL.her father was suffering from cancer may be WILL is there we don't know.how it was transferred we are very much blind about it but there is one of the relative of their is working in registrar office. we are from Roorkee(uttarkhand)
S.Negi
(Querist) 23 July 2013
Dear sir,
we got married in 1998, my wife is having the 03 brothers and two sisters, her father died in June 2004 mother is still alive staying with her sons.her father left one big house and plots behind. that time we are no aware about the claim. her brothers transferred all the property in their name (we don't know whether some transferred to her mother or not).initially her brothers were interested to give some to sisters but now they refuse. they all 3 brothers are well established and having government job. we are working private and earning less salary. it was self acquired by her father and i think there was no any WILL.her father was suffering from cancer may be WILL is there we don't know.how it was transferred we are very much blind about it but there is one of the relative of their is working in registrar office. we are from Roorkee(uttarkhand)
kindly advise us can the sisters claim the property? i shall be very thankful to you.
Rajendra K Goyal
(Expert) 23 July 2013
As advised by the expert Adv Archana ji, your wife being the class I heir can claim the property. Consult local lawyer with all documents.
S.Negi
(Querist) 23 July 2013
sir, i am very thankful to you and ma'm Archana ji, but sir problem is we don't know what the documents required for this, if you advise i will be very thankful to you
Dr. Jyothi Vishwanath
(Expert) 23 July 2013
You need to have a document to show that it was self acquired by the father. Death certificate of the father, survivors certificate. With all this, you can file suit for partition.
