Property


My father died leaving no will. My mother has decided to give the property to one of my brother's. My another brother has shown objection regarding this along with me. What is my right as a daughter? How can i claim my share? Can i give a vakalatnama to my brother to jointly fight the case ? Please advice 

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

You have an equal right as your brothers. Your mother could not alienate the property to one of her children to the exclusion of others. You can join in your brother as a necessary party in his suit for alienation or partition as the case may be, all heirs would be made parties to this. You can file joint pleadings with your brother since your case and submissions would be the same, same lawyer can represent you as well. 

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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Self Employed

Dear Querist,

It is pertinent to note that in case of a person dying intestate, his share devolves upon his legal heirs in equal share. In the case in hand the share of your father devolves upon you and your brothers in equal ratio as it is enjoyed by your mother, regardless of the fact that you are a daughter.

  • If there is no dispute to the property the only thing that is required would be getting the property mutated in the name of all the heirs
  • In case of dispute as stated by the you, your mother or any of the brothers can file a partition suit jointly or individually as the case may be whereupon the partition would be granted by the Hon'ble Court depending upon the facts and circumstances of the present case.
  • In case your mother wants to give her share to one of your brothers she may do it with respect to her share only and that too either after mutation of the property before the concerned authority or after the partition of the property as the case may be. 

It has been rightly stated by my Learned friend, Adv. Bharat that you may join your brother in the pleadings as you might be having a similar stand and in case you want your brother to look after the case on your behalf then you may execute a Power of Attorney in favor of your brother.

You may feel free to contact for any further clarrification.

Regards

Tarveen Singh Nanda

Advocate & Consultant

adv.t.s.nanda@live.com

 
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Thank you much for the help and advice. I would also like to know the difference between a vakalatnama and a power of attorney. Moreover my brother with whom i am to share the case has offered me some money in exchange of my share. Should i agree with it . Moreover even if i accept it in exchange of my share do i still need to give him a vakalatnama ? Can i give my share when the property is in dispute , if so how can i do so ? Please help .

 
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Self Employed

Dear Querist,

Well a Vakalatnama is exectued in favor of the counsel who represents the litigant before any court of law whereas the Power of Attorney can be executed in favour of any person including a Counsel.

Nobody can tell you what could be the best offer for you, either the share in the property or the money. You may get the money right away and then you can invest the same as per your requirements or you may wait for your share which may either be less than what your brother is offering you or it may be more than what you take now. So you have to decide for yourself considering all the relevant circumstances surrounding you. 

When the above stated suit for partition is filed before the concerned court, you may submit before the Court to  relinquish your share in favor of your brother. You cannot execute a vakalatnama in favor of your brother but can execute power of attorney in his favor so that he may represent you before the Court.

 

You may feel free to contact for any further clarrification.

Regards

Tarveen Singh Nanda

Advocate & Consultant

adv.t.s.nanda@live.com

 
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