Ram (IT) 23 September 2009

Fathers share in property to be inherited by daughter

We are a hindu family, my mom is aged about 50 years now.
This is a query pertaining to a property.

The total family members in my mom's family is 6(Grand father,
grand mother, 2 uncles, 2 daughters including my mom)
There were a total of 3 properties purchased when all these people were
unmarried. Out of three properties one was bought in a daughters name

(aunty not mom) and 2 other property with either of the Uncles.

My aunt was unmarried and she also passed away in quite sometime, the

property with her was transferred to one other uncle.

Though all this property has been bought including my GF's money as well,
there are no records nor any documents claiming that.

Question is that whether my mom can claim right in any of the property.

Thanks in advance. Sorry if it has been a complicated case.

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2 Replies

william lobo (consultants for electrical projects) 28 September 2009

As per latest law 2005 the daughter has equal right in the property and can claim for the same. But there is also a rule that if any dispute then it should be settled or contested within 12 years of the agreement or sale deed or purchase deed etc. Please check up with any good friendly lawyer.

R.M.Bhaduri (Lawyer) 30 September 2009

Yes Mr. William is right about the amendment in the Hindu Law, but the case of Mr. Ram is difficult not impossible. The first thing you have to do Mr. Ram is that during purchase of all the properties in the names of your aunt or uncle you have to find out by way of proof, whether there was any independent source of income to aunt or uncles, and about the transfer of property of your aunt to your uncle, you have to find out how it was transferred and you have to take out all the certified copies of transfer deeds and then approach a Civil lawyer or if any difficulties persists then please approch me via email: advocatermbhaduri@gmail.com