Daughters right in Father property
Parul
(Querist) 04 August 2016
This query is : Resolved
We have our fathers property in Moradabad, UP who demised 3 years back and did not leave a will. We are two sisters and a brother and all are married. We would like to know if the sisters have equal right in the property and can our brother forge a fake will and sell the property or mortagage it? He is going through financial issues and we suspect he would do that without our convent.
Also how can we legally stop him from doing the same?
We would like to register the property in the name of all 3 of us and need advice.
Can we send an online notice or registered notice from other state as both of us the sisters don't live in Moradabad.
Kumar Doab
(Expert) 04 August 2016
It is believed that you are Hindu?
What is the nature of this property; ancestral, self earned/acquired, agricultural or urban?
Anyone from ;the legal heir(s) may approach the authority under whose jurisdiction the property falls to record inheritance in mutation records, in the name of ClassI legal heirs i.e. wife (your mother), sons, daughters of deceased father.
Legal heir affidavit/certificate, death certificate etc may be required.
Guest
(Expert) 04 August 2016
Ms Parul,
Your question, "can our brother forge a fake will and sell the property or mortagage it" is quite irrelevant. How anyone of us can tell what he can do with your property and and by which document?
Moreover, you have not made any mention about your mother and grand mother, whether still alive or dead.
Better meet some capable lawyer to discuss the issue at length before taking any legal step against your brother.
Rajendra K Goyal
(Expert) 04 August 2016
You have not mentioned:
a) Who first acquired the property and when?
b) How it came in the name of your father?
c) When your father expired?
d) had he left any will?.
e) How many legal heirs are there in the property?
f) What is the base of your apprehension regarding forge will?
If it is not ancestral property, your father has expired intestate, you have share in it.
File case for partition, if there is any will, the same would be presented and can be challenged by you if suspected.
Advocate Bhartesh goyal
(Expert) 04 August 2016
If the questioned property is self acquired property of your father and he died intestate then his all legal heirs are entitled to get equal share in the property.issue legal notice to your brother in this regard and if notice is not complied with then file a partition suit and claim you share.
Advocate Bhartesh goyal
(Expert) 04 August 2016
If the questioned property is self acquired property of your father and he died intestate then his all legal heirs are entitled to get equal share in the property.issue legal notice to your brother in this regard and if notice is not complied with then file a partition suit and claim you share.
rajeev sharma
(Expert) 04 August 2016
I fully agree with experts. No concrete advise may be given unless we go through the present nature of the property. It will be better if you gather whatever documents of property you may gather and consult some local lawyer
malipeddi jaggarao
(Expert) 05 August 2016
You are only apprehending that your brother might grab the property. You are quite silent whether your mother is alive or not. If she is alive, will she not entitled to her husband's property? Issues are to be settled amicably by a family arrangement instead of entertaining doubts on siblings. I suppose the entire property is in the hands of your brother. The first step is mutation - transfer of property in the names of legal heirs in the Government/Local body records by submitting the death certificate and legal heir certificate. Then you can intiate for partition of property to the person (your brother) presently possessing the property. If your efforts fail, other siblings can issue lawyer notice demanding partition, if no positive result, you can file a suit for partition of property. It would take years together. Hence, my advice is, sit together and settle the issues. Legal action is the last resort.
Kumar Doab
(Expert) 05 August 2016
Registered family agreement may be preferred.
adv.bharat @ PUNE
(Expert) 05 August 2016
Author need to explain the query raised by expert.
If the questioned property is self acquired property of your father and he died intestate then his all legal heirs are entitled to get equal share in the property.
You can issue legal notice to your brother in this regard and if notice is not complied with then file a partition suit and claim you share.
P. Venu
(Expert) 05 August 2016
You have a share in the property. If there is possibility of any foul play and no amicable settlement is possible, you may file a suit for partition.
Kumar Doab
(Expert) 05 August 2016
If amicable settlement is not possible then your counsel may opine to share profits from enjoyment of property as well.
advocatepassy@gmail.com 971794
(Expert) 04 September 2016
