Property matter- most urgent
Querist :
Anonymous
(Querist) 02 February 2011
This query is : Resolved
If Mother & two sons & 1 daugher are stayin in a house. Daughter got married. Now Mother & sons appointed Builder for development of the property. Builder ready to make ground floor + 4 Floors on that property. Builder offered them 3rd Floor & 4th Floor & Rs. 1,50,000/-. Now Mother & sons decided that 3rd & 4th Floor for two sons & they will give Rs. 1,00,000/- to Daughter (sister).
Please suggest me..........
1. Can Daugther has a equal right as per hindu succession act (blood relation) in above property?
2. Can Mother & Brothers avoid Daugther (Sister) by giving Rs. 1,00,000/-?
3. Whether Builder develop/dimolish the said property without taking NOC from Daughter?
If Builder do so, then what shall we do?
Hw can we stop the Builder;
a. Can we give a letter to the Builder to stop further processiding for development.
b. And also letter to concern police station about such incidence for stopping the demolish.
4. Whether she can demand for her right as per succession Act?
5. Whether Mother & Brothers (Sons) can sign agreement & NOC & give permission to the Builder to dimolish/develop the property without considering Daugther (Sister)?
Guest
(Expert) 02 February 2011
It is presumed that the property is an Ancestral one and on that basis, the following is suggested.
1. Yes.
2. No. Unless the daughter signs a 'Release deed' or 'family settlement deed'. (Such document must be duly registered).
3. No. But, it is possible that the other heirs can conceal the daughter's existence or entitlement or can make agreement in such a way that they have got due powers to ink the agreement. Hence, it is advisable to be more alert with the Builders (since they are the very crooked ones, for example, Adarsh Case Mumbai where no one is behind the builders, who have not at all bothered about any rules and regulations!)
Police complaint will not do (since they will tell that it's civil nature!)
Send a Legal notice to all concerned (including Builders, Municipal/Sanctioning authorities).
The daughter can seek partition of the property.
Interim-injunction can also be sought against demolition of the property.
