Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Daughter's Right in her Father's Property

(Querist) 23 March 2010 This query is : Resolved 
Hi!! My mother's father has died recently leaving survivor in his family are his two sons (Both are married and having two kids each) and my mother (two kids). Now my mother's brothers have forced her to sign on the stam paper of Rs.500 that "she is agreed and wants no share from his father's residence as well as commercial property." which is not true and done forcefully this property is still not sold and also no shares has been tranfered to her brothers name. Property is in mumbai and still on the name of my mother's father.
1)Can my myternal uncle can transfer the share of property on their without intimating my mother.
2) Can they sell the property with any signature of my mother.
3) Can we still claim our share in both the property? If yes then how to go ahead?
R.R. KRISHNAA (Expert) 23 March 2010
File a suit for declaration that your mother is entitled for her share and also that the forced undertaking obtained by your uncle be declarated as invalid.

But first issue a legal notice.
adv. rajeev ( rajoo ) (Expert) 23 March 2010
Your mother will have to file a suit for general partition and separate possession of her share.
signature obtained by your maternal uncles of no use. under sec 17of the indian registration act any immoveable property more than Rs.100 transferred such document should be regd.,The said document obtained by your maternal uncles will have no value. Find a good lawyer then file a suit. Your mother has got chance. If maternal uncles got entered their names on the basis of the document you have to take contention in the plaint that " behind the back of the plaintiff ( your mother) defendants got entered their name on the basis of the sham document, as such it amounts stray entries which have no value in the law". You have to file an application u/o 39 r 1 seeking ad interrium order from the court against the defendant as not to alienate the suit properties till the disposal of the suit.
Kumar Thadhani (Expert) 24 March 2010

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