Right's of unmarried daughter’s in father’s property
prakash.morey@gmail.com
(Querist) 10 February 2013
This query is : Resolved
Dear Sir ,
Please advice
1. I have one unmarried sister with no source of income.
2. My parents did not make any will, the property is equally divided among 5 brothers and 2 sisters including her.
3. My 4 married brothers and 1 married sister
are staying independently/seperatly and are well settled.
4.I and my family alongwith my unmarried sister stay in the inherent property.
5.Now, the said property is undergoing redevelopment procedure and we are entitled to a bigger flat.
6. My siblings have come to a decision that we should sell the flat after redevelopment and opt for the monetary benefits and divide equally among ourselves.
My query is:
1. can my unmarried sister object to their decision?
2. Can she insist to retain the flat after redevelopment?
3. The Dear Sir ,
Please advice
1. I have one unmarried sister with no source of income.
2. My parents did not make any will, the property is equally divided among 5 brothers and 2 sisters including her.
3. My 4 married brothers and 1 married sister
are staying independently/seperatly and are well settled.
4.I and my family alongwith my unmarried sister stay in the inherent property.
5.Now, the said property is undergoing redevelopment procedure and we are entitled to a bigger flat.
6. My siblings have come to a decision that we should sell the flat after redevelopment and opt for the monetary benefits and divide equally among ourselves.
My query is:
1. can my unmarried sister object to their decision?
2. Can she insist to retain the flat after redevelopment?
3. The beneficial amount is such that one can easily get a flat also the brothers are willing to look after her and take care of her. In this situation, can she still insist and demand to have her own flat in the same re-developed residential society as she has stayed in the inherent flat since her birth. She is of around 53 years old.
4. My unmarried sister is the first nominee in the share certificate of the said property.
amount is such that one can easily get a flat also the brothers are willing to look after her and take care of her. In this situation, can she still insist and demand to have her own flat in the same re-developed residential society as she has stayed in the inherent flat since her birth. She is of around 53 years old.
4. My unmarried sister is the first nominee in the share certificate of the said property.
Regards,
Prakash
Sanjeev
(Expert) 10 February 2013
yes she has a right in the property and she can definately object and this being her right cannot be taken by offering the reasoning that full care of her would be taken by the brothers. It her wish and she can claim her share in the property the way she wants.
Adv.R.P.Chugh
(Expert) 10 February 2013
Sister cannot prevent seeking of partition which invariably means sale in property such as an apartment/flat. Only way she can resist others from insisting on a sale-partition is when she exercises her right to pre-emption and buys out shares of other people. The fact that she is occupying the same since birth is inconsequential.
prakash.morey@gmail.com
(Querist) 11 February 2013
Thank you Mr Sanjeev and Adv. Bharat Chugh
For your expert comments.
R.K Nanda
(Expert) 11 February 2013
no more to add.
Anirudh
(Expert) 11 February 2013
The views of Mr. Sanjeev that "she can definately object and this being her right cannot be taken by offering the reasoning that full care of her would be taken by the brothers" is NOT LEGALLY CORRECT.
The said unmarried daughter can only get her share (monetary value) in the sale proceeds.
prakash.morey@gmail.com
(Querist) 12 February 2013
Thank you Mr R.K.Nanda , Mr Anirudh , Mr Raj kumar Makkad for your expert comment.
It means even if she wishes she can not insist on new flat not to be sold and Can not demand in the court as she is not having any source of income and place to reside? is it true,
Raj Kumar Makkad
(Expert) 12 February 2013
Your sister has her due share therein hich cannot be denied to her.
Anirudh
(Expert) 12 February 2013
Dear Mr. Prakash,
Yes, what you understood from our reply is correct.
Assume for a while, there was a girl, unmarried, but the parents did not have any property nor left any property. What will be the position of the girl? Will she still insist that some property should be given to her or that she should be given some place to reside? Absolutely not.
At least in the present case, her parents have left some property, the monetary value of it she can have and from out of that she can try to reside in a rented place and make her living. If she has the money to buy out the entire property, THEN AND THEN ALONE she will be able to successfully say to her other brothers/sisters that don't sell the property, I am ready to buy the same and pay you the price for your respective shares in the property. As per your fact situation, the said sister of yours has no income at all. Therefore, she is not in a position to buy the entire property to herself.
In such a situation, it is not at all possible (whatever be her situation, whether she is married or unmarried, whether is able to get any income or not, whether she has any other means or not) for her to object to the sale of the property.
There is nothing unusual about it.
