Daughters share in fathers land property

This query is : Resolved 
 

Online (Querist)
06 June 2021

Sir,
We are four daughters and four brothers and our father died on 05-05-2010, leaving a big chunk of land property. My brothers took our signature on blank paper after our fathers death, falsely telling us that the same was required for fast transfer of property and assured us that all daughters will get equal share in the fathers property.
Now, we could learn that, the property is being registered in the name of fours sons only and they contemplate to share the sale proceeds therefrom amongst themselves and daughters will be kept out altogether.
Now, sir, in an humble submission I would like to request all esteemed experts here, to please guide us what to do and legal provisions in this regard.
Thanks and regards.


Sankaranarayanan Online (Expert)
06 June 2021

Seems all are educated and how you all signed in the blank paper without the consent of your husband and others .After the death of your father the legalheir certificate obtained?
collect the copy of registered deed from the department and ascertain the facts first. better to consult a local lawyer and find a legal remedy at your earliest will be helpful.

ashok kumar singhOnline (Expert)
06 June 2021

place your application for partition suit, will get relief and answer of everything in the suit proceeding.
thanks

ashok kumar singhOnline (Expert)
06 June 2021

relinquishment of rights over property must be registered therefore mere signature cannot equate such thing. thus don't worry place your appropriate application for partition of the immovable property before the competent civil court having jurisdiction.

T. Kalaiselvan, Advocate Online (Expert)
06 June 2021

Your signatures in the blank paper will not entitle them to deceive you or deprive you all of your rights for a rightful share out of your deceased father's property.
If t ll they had alienated the property without your consent then it would be an invalid alienation and an illegal act including an offence of cheating and land grabbing.
If they do not come for a compromise for an amicable partition on mutually agreed conditions, then you people can issue a legal notice to all of them to partition the property and allot your legitimate shares in the property, if they fail to comply or do not respond then you may approach court with a suit for partition and separate possession oi your legitimate shares in the property.

kavksatyanarayanaOnline (Expert)
06 June 2021

I agree with the advice of the above learned experts.

Kanak DasOnline (Querist)
06 June 2021

Thanks to all experts for suitably guiding us. Regards.

Sudhir KumarOnline (Expert)
07 June 2021

come with full facts.

Dr J C VashistaOnline (Expert)
07 June 2021

Signing blank paper can not be used, which is insufficient paper for transfer of share of all 4 sisters in the name of 4 brothers.


Share of sisters can be transferred while sanctioning mutation of property in the names of successors by revenue authorities for making statement of relinquishment of her (individual) share. Personal appearance of all sisters before area Tehsildar/ SDM is mandatory.

Find out which document has been created by brothers i.e., where these signed papers have been used.

To avoid any misuse of the papers all 4 sisters should jointly or individually file a suit for partition, possession and mesne profits through a local prudent lawyer.


P. Venu Online (Expert)
08 June 2021

You may file a partition suit claiming your share in property. Let the brother, as defendants, come up with their version of the developments.

Advocate Bhartesh goyalOnline (Expert)
09 June 2021

Legally you all sisters and brothers are entitled to get equally1/8 share in dispued land as your father died intestate mere signatures on blank paper does not give rights to your brothers to get mutation of land on their naame. File partition suit along with petition of temp. injunction against your brothers?



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