Daughter's claim for father's property

dear querist ,

you are right daughters have equal right over the property of his father and he is entitled to claim the same . however you are saying that you have given the family tree of only 3 sons it means they had created a false ground with intention of doing fraud,they are entitled to get sued as per the various provisions of the Indian Penal Code.

however there are few Judgements where rights are overlooked by the court seeing the Strong title of the posession holder and by giving the relief to the plaintiff, in the above query you are totally safe if you are mislead by giving the false family tree by the sellers.The onus to give relief will reside over the sellers.feel free to call with full detail of the case to advise you the strong grounds to defend the case.

Sir/s,

With due respect, the daughters, if they can prove their status, have equal rights in the property, and they can demand a share in their father's property, as you have been misled by the brothers you had better file a criminal procedure case against them.

I believe you had asked for indemnity bonds from the brothers, as is the usual routine, to safe-guard your interests. In which case you are protected as far as your initial investiment is concerned, in this instance you had better proceed against the brothers for the loss and harassment on the strength of the indemnity bonds.

Regards,

Kishor Mehta

Dear Sir,

Thanks a lot for your reply.

In the Sale Deed which was executed during the sale, the sale deed does have a clause where the seller will take care of any legal issues in the future related to the property.

Had a couple of questions:

1.) Will there be any other information or documents I can collect from the seller before applying a suit against the seller which will strengthen my case?

2.) Does the daughter's have a right to be adamant that they need the property and don't agree for compensation from their brothers? Since it's an undivided share and i am a bonafied purchaser I should be sole owner of the site, am I right?

3.) There is an injunction order on the site against selling. Can I construct house on the site or should I wait till the case is closed - what risk does this involve.

Thanks and Regards,

Sunil

Sir,

Since there is a clause indemnifying you against all legal liabilities as regards the property your interest is legally safeguarded and the sellers are responsible for the loss and harassment caused to you.

1] you can ask for a release deed, if there is one, on the strength of which the brothers declared that they were the only benficiaries of the original owner. If there is such a release deed signed by the sisters then the sisters do not have any right to the property.

2] To claim a right of property is the heirs' prerogative and they can not be forced to sell their respective rights. They can demand a share in the property or a value equal to their share.

3] You are better advised not to construct any structure at the property in your own interests.

4] You are further advised to adopt legal procedures, both civil as well as criminal, at the earliest to safeguard your investment and interests.

Regards,

Kishor Mehta