Share of daughter in father's property after parents death. f
pari ranjita khanna
(Querist) 04 February 2012
This query is : Resolved
We are punjabi hindus.We are 3 sisters and one brother.After my mother's death 5 years ago (2006)we all siblings had signed on a paper to transfer all the property to my father's name as we couldn't oppose him and he made promise to us (we 3 sisters) give us our share back.Then he converted his commercial workplace into Dharam-shala but the work is going on as it was running previously.Now recently my father died(2011) and my brother says that he and my father were trusty of the property and after his death no one can claim on the property as now he is the only trustee though he says that no Property Will is there. We are confuse now. So my questions are:
(1) Can we sisters say that the share which we transferred to our father's name ,we want that back (as a person can change his will many times)because our father couldn't keep his verbal promise .
(2)that if 1 trustee is left out of two can't we ask for our right in property?
(3)What is the time limit to claim in property for my share as my sisters got some deal from my brother without my knowledge
(4)How much time this case will take in court as my siblings frequently telling me to go to court for getting my share?
Please advice ASAP.
Devajyoti Barman
(Expert) 04 February 2012
Was that n objection in your father's favour registered?
If not then the sisters can well lay their claim on the property more so if it was the ancestral property of the father.
The father can not create a Trust of ancestral property depriving the legal heirs.
So the sisters without wasting any time should file a suit for partition, injunction and for rendition of accounts.
pari ranjita khanna
(Querist) 04 February 2012
Thanks for the reply, It is not a ancestoral property. I and my two sisters and my brother had registered the property in the name of my father. After my father's death, my brother is not showing any papers to us and is offering only one flat each in one of the properties. He is building more flats on the same premises. If i file a case against him can i stop him from giving those flats on rent and stop him from working there. He is always telling me to go to court if I ask for any papers or more share of the property. How much time does it take to resolve these cases in court? Thank You.
Raj Kumar Makkad
(Expert) 04 February 2012
There is no legal value of writing on a plain paper relinquishing your rights in favour of your father. Your right is still intact since the day of death of your mother. Your rights cannot be included in any trust etc. without your written consent on a registered document.
You shall have to file a civil suit for partition and possession against your brother and you shall get 3/4 property and your brother is entitled only for 1/4 in the light of facts stated by you.
Raj Kumar Makkad
(Expert) 04 February 2012
Ranjita! I overlooked your subsequent clarification. H
Which document was got registered by you in favour of your father?
Even if you all sisters had relinquished your shares in favour of your father then also you all are entitled to inherit his share in the same ratio. One man cannot remain trustee.
pari ranjita khanna
(Querist) 04 February 2012
Thanks. How much time does it to get these cases resolved in court?
pari ranjita khanna
(Querist) 04 February 2012
What can be in the favour of my brother in court if I file a case against him to give my share?
How will the court decide the share, will they sell the property or partition it?
Can I go and live in that property?
Devajyoti Barman
(Expert) 04 February 2012
It depends upon state to state, court to court.
Partition suits in Bengal take decades to finally resolved.
I have one case which was filed as back as in the year 1986 and it is still going on.
Advocate M.Bhadra
(Expert) 04 February 2012
Partition suit may be dispose off early,after a year if you go to the High Court by filing a Revision Petition under article 227 of the Constitution Of India.On the basis of said application High Court may give direction to the lower Court for quick disposal the suit.
ajay sethi
(Expert) 04 February 2012
it will take around 20 years for your suit to be disposed of if you in mumbai . contact a local lawyer .
Raj Kumar Makkad
(Expert) 04 February 2012
Generally in contested case, it may take 2-3 years but if not contested then can be decided within 6 months.
Kirti Kar Tripathi
(Expert) 04 February 2012
You can seek injunction and partition. It will help in getting matter compromised. Otherwise a civil suit takes decades to finally decided
pari ranjita khanna
(Querist) 05 February 2012
Thanks to all of you. I am all confused now. what should be my next step now, please advice? Thanks again.
prabhakar singh
(Expert) 05 February 2012
WHEN YOUR BROTHER IS OPENLY ASKING YOU TO GO COURT OR TO ACCEPT HIS OFFER.THE SUGGESTION COMING OUT OF IT IS TO COMPROMISE BECAUSE YOUR BROTHER WELL KNOWS ABOUT TIME THE COURTS CONSUMES IN DELIVERY OF JUSTICE.
YOU ALL HAVE SURRENDERED YOUR RIGHT IN FAVOR OF YOUR FATHER BUT STILL UNAWARE WHAT DEED YOUR FATHER HAS CREATED WHEN 'DHARMSHALA' IS BEING CONSTRUCTED?????
INSTEAD OF ASKING OVER THIS BY GUESS BETTER CHECK THE SUB REGISTRAR OFFICE REGISTER TO KNOW ABOUT IT BEFORE JUMPING INTO ANY CONCLUSION OR FILING ANY SUIT.
R.Ramachandran
(Expert) 05 February 2012
Dear Pari Ranjitha Khanna,
It is high time that you visited a local lawyer and discussed the matter with him.
One thing is certain that you are aggrieved that you have not got your due share in the property. It is now in your brother's possession and enjoyment. You want your share.
It is also certain that you cannot get your share in the prevailing circumstances without approaching a Court. Whether the court takes one day or one decade - I don't think that should be of your concern now. Your only concern is to get your share.
Presently no one is aware where is the property situated, and what are the documents in your possession etc. etc. Without these details, it will be very difficult for any one to give any views. More over, you will not be able to bring all these documents in this LCI forum for obvious reasons.
Therefore, better approach a local lawyer and discuss and decide your future course accordingly.
