Daughter's right on father's property


My father inherits a property worth Rs. 10 crores from my grandfather. My grandfather had distributed his property to his five children through a registered partition deed in the year of 1976 itself and my father got his share. We are two legal heirs to my father – myself (daughter) and my brother. My father is 85 years old and is not capable of understanding or taking decisions. My brother keeps my parents under his clutches and doesn’t permit me to reach them. Recently, my brother has taken my father to the registrar’s office and got the title of my father’s property transfered to his name. My question is whether this documentation is valid without my signature. If so, is there any time limit for raising my objection and initiating legal action?

 
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practicing advocate

PRoperty belongs to your grandfather, so it is an ancestral property.  Your father cannot execute any deed transferring the entire property to only one person.  You have a right to claim your share in your father's share, for this you will have to file a suit for general partition and seperate possession.


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Property due diligence 9422773303

you have a right, to enforce it you may go for suit  for partition and separate possession but you must think of second auspect of duration of litigation and cost of spoiling the relations,if your brother is not taking proper care of your parents and you have a proof it will added merit to your case.


 
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Advocate

I endorsed the view of rajeev and bhagwat, but better talk over the matter with your father and settled the issue in a better way inspite of poisoning the relationship in the family.


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Property due diligence 9422773303

totally agree to Assumi sir

 
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It's better to have a word with your father first and get the dispute settled instead of going for legal actions.. If this doesn't work then go for legal actions.. 

 
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LAW STUDENT

 

 agree with patil sir but some confusion on ganeshan sir plz explain i confuse little

"grandfather had distributed his property to his five children through a registered partition deed in the year of 1976 itself and my father got his share   . so why the father can not execute any type of deed ? bcz this is his share

 
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The documentation is valid without your signature because the actual owner on the property is your father and he has the right to give his property to anybody that he wants. Issuance pf NOC doesnt have a right over any property.A transfer of property will became valid only if it is done before the registrar office and all the parties should be present before the registrar. so, you can take action but first you should talk to your brother about your share on the property. If he agree, then there is no need to take action otherwise you can take.

 
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I am thankful to all who had cared to give me their opinions on the subject. I have three facts, strong and substantial:

1. My brother is not ready to give any share to me (though he has only 2 daughters) and is very rich by himself

2. Now, I understand that he got the property transferred to his name through a properly registered gift deed from by father (as I have already conveyed, the property is my grandfather's and my father got it through a registered partition deed)

3. My father was not made to understand the facts (my brother made him believe that his daughter was to marry my son, which is not true - he broke the marriage proposal after getting the property transferred, which my father is not aware of even now)

Under these circumstances, is it possible to challenge the validity of the gift deed and claim for my right in the property.

Kindly advise.

 
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Scientific Officer (Retd)

If it is ancestral  property, and if you were married before 2005, and if  your brother got it registere before2005, you can not claim any share now in the property- As per the Hindu succession Act  (amendement) of 2005,  both sons and daughters are copaceners of ancestral property, and the daughters have a share equal to that of a son.If you were unmarried before 1986, and the registration in the name of your brother was effected before that, then also, you can not get, since un married daughters became coparceners by the HSA (Andhra Pradesh & Karnataka)  0f 1986, and claim equal share as that of a son in ancestral property.

Better  consult a lawer and find out first the applicability of The HSA -2005

 
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