Father's land
Kabita choudhuri
(Querist) 04 February 2018
This query is : Resolved
Dear sir
Im mrs kabita choudhuri from Kolkata. My father had bought a piece of land ( 5 kathas) approximately. He died in the year 1997. I have six brothers and two married sisters and one unmarried sister. Im myself married.
My brothers recently have decided that they want to demolish my father's house on this land and consruct a residencial apartment building on this land with the help of promoters ( building developers).
My question is that can i claim a share in this new building to be constructed and if my name should feature in the agreement between the two parties.
In this context let me also let you know that my brothers are trying to make me forcefully sign a paper where i give up all claims to the said property( father's land). This is completely against my will. They are saying that since our father had died before 2005, being a married daughter i had no rights to ancestral land. Can i stop them from entering into an agreement with the promoter regarding construction of a residencial flat building on this land.
I would also requests you to tell me if i have any claim over my late father's land being a married daughter. My father having deceased before the year 2004.
Kindly guide me in this matter
Dr J C Vashista
(Expert) 05 February 2018
1. You have an equal share in the property of your deceased father even if your father died before amendment in Hindu Succession Act, 2005.
2. Do not succumb to the pressure tactics of your brothers/sisters if your conscience do not allow.
3. File a suit for partition before district civil judge where property is situated through a local prudent lawyer.
4. You have a very good case in your favour.
Best wishes
Dr. (Maj) J C Vashista
Advocate
Supreme Court of India
Cell # 98911521939
