Legal rights of daughter on fathers property
RAJESHWARI
(Querist) 06 May 2013
This query is : Resolved
WE HAVE 4 BROTHERS &3 SISTERS BUT MY FATHER HAS EXPIRED &RECENTLY MY MOTHER HAS ALSO EXPIRED,MY 3 BROTHERS ALSO PASSED AWAY NOW WE HAVE 1 BROTHER &3 SISTER,1 NEPHEW(WHOES FATHER &MOTHER PASSED AWAY)MY FATHER LEFT 4 PROPERTY BEHIND I JUST WANTS TO KNOW THAT HOW CAN WE DIVIDE THAT PROPERTY &HOW WE CLAIM ON THAT PROPERTY
ajay sethi
(Expert) 06 May 2013
you have not mentioned whether your farther left a will or not . if he died intestate ie without a will on his death property would be inherited by his 7 children equally .
obtain succession certificate from court .on basis of death certificate and succession certificate make an application for mutation of property in name of the legal heirs . contact a local lawyer
RAJESHWARI
(Querist) 06 May 2013
WE HAVE 4 BROTHERS &3 SISTERS BUT MY FATHER HAS EXPIRED &RECENTLY MY MOTHER HAS ALSO EXPIRED,MY 3 BROTHERS ALSO PASSED AWAY NOW WE HAVE 1 BROTHER &3 SISTER,1 NEPHEW(WHOES FATHER &MOTHER PASSED AWAY)MY FATHER LEFT 4 PROPERTY BEHIND I JUST WANTS TO KNOW THAT HOW CAN WE DIVIDE THAT PROPERTY &HOW WE CLAIM ON THAT PROPERTY.MY FATHER &MOTHER NOT PREPARED ANY WILL BEFORE DEATH.NOW WE LEFT 3 SISTER,1 BROTHER &1 NEPHEW IS THEIR ANY RIGHT OF NEPHEW ON DADA'S PROPERTY HOW MUCH HE WILL GET &HOW CAN WE SHARE KINDLY SUGGEST.
THANKING YOU.
ajay sethi
(Expert) 06 May 2013
each brother and sister has 1/7th share in property . your 3 brothers are dead .but they must be survived by wife and children . the share of each brother would be inherited by his legal heirs . your nephew would inherit share of his father ie your brother .
RAJESHWARI
(Querist) 06 May 2013
SIR,
WE HAVE ONLY 3 SISTERS &1 BROTHER &1 NEPHEW,& THE BROTHER WHO ALIVE HAVE NO CHILD HIS WIFE ALIVE BUT SHE DIDNT TAKE ANY RESPONSIBILITY OF NEPHEW &NICE,&WE WANTS A JUSTICE FOR BOTH CHILD WHO HAS NO FATHER &MOTHER.NOW HOW MANY SHARE EACH WILL GET NOW TOTAL 3 SISTER,1 BROTHER,1 NEPHEW &1 NICE LEFT MY FATHER LEFT 3 PROPERTY IN MATHURA &1 PROPERTY IN MUMBAI BUT THE MUMBAI PROPERTY IS ON RENT FROM LAST 50 YEARS NOW HOW CAN WE CLAIM FOR THAT ALL PROPERTY DOCUMENTS WITH MY BROTHER &HE DONT WANT TO SHARE THE PROPERTY
ajay sethi
(Expert) 06 May 2013
since your brother is refusing to give sisters a share they should engage a lawyer and take legal proceedings for share of property . . your brother cannot without sisters consent sell the said properties nor can it be transferred in his name .
obtain succession certificate
prabhakar singh
(Expert) 06 May 2013
SINCE YOUR FATHER DIED INTESTATE HIS PROPERTIES DEVOLVED UPON HIS WIDOW,ALL 4 SONS AND ALL 3 DAUGHTERS 1/8 EACH.
bUT THEN YOUR MOTHER ALSO DIED INTESTATE THEN HER 1/8 Share devolved upon all 4 sons and 3 sisters that is 1/7 of 1/8= 1/56.
Where after 3 brothers died intestate among them 1 brother left a son(your nephew).
Hence 1/8 of his father share clearly belongs to your nephew plus 1/56 his father inherited from his mother . You have talked of a NICE also.if she is real sister of nephew she shall take equal with her brother(your nephew).
And in case she is daughter of other deceased brother then like your nephew she
(your NICE)shall also take 1/8 plus 1/56.
Likewise surviving brother as well as well as sisters already each one have 1/8 of their own plus 1/56 from their mother.
So the question left is only that to whom shall go the share of those two brothers who died issueless inheriting each one 1/8 of their own plus 1/56
of their mother?
This(share of deceased brother(s) who died issueless would go in equal to survivors 1 brother and 3 sisters in equal.
R.K Nanda
(Expert) 06 May 2013
agree with experts,
ajay sethi
(Expert) 06 May 2013
thanks for your appreciation
Raj Kumar Makkad
(Expert) 07 May 2013
I have also the similar opinion of your share and further course of action as already suggested to you.
RAJESHWARI
(Querist) 15 May 2013
Now from some source i heared that my nephew prepare a will before my Mother's death.so how can we find that my mother prepare a will actully my mother was illitrate she only knows how to sign but she was not litrate to read a sentence also,so we feel that my nephew prepare a will on her name without informing sisters &brothers.so what is the procedure to know what will he prepare& how many property he transfer in his name.
RAJESHWARI
(Querist) 15 May 2013
Author : RAJESHWARI
Posted about an hour ago
Now from some source i heared that my nephew prepare a will before my Mother's death.so how can we find that my mother prepare a will actully my mother was illitrate she only knows how to sign but she was not litrate to read a sentence also,so we feel that my nephew prepare a will on her name without informing sisters &brothers.so what is the procedure to know what will he prepare& how many property he transfer in his name
RAJESHWARI
(Querist) 17 May 2013
sir,
my father died without a will,so all property belongs to my mother My mother prepare app 50 tola gold at the time of my elder brother's marriage after that marriage my sister in law refuse to give that gold & even two properties paper are also with them after that my other brothers &sister married at that time my sister in law never give me even a single ring now she reply that all gold is made from my husband pocket that is why all gold is mine & she never wants to give even property also we have 1 bunglow at mumbai on rent the rent slip is in my mother's &father's name how can we claim on that property in 4 property 2 is in the name of my mother &1 is 2 is inthe name of my father my father died before 10 years My Mother died recently & now we heared that my mother prepare a will in the name of nephew signing by 2 kiraedar that property is in Mathura & on that will neither brother nor we 3 sister's signed it is totally by fraud in mumbai my brother &my sister in law lived only after their marriage & send one by one all family members in mathura & without any work or property my allbrother's even my father died.
RAJESHWARI
(Querist) 20 May 2013
sir,
how can we prove that the will prepared is through fraud,because on that will my nephew took thumb impression of My Mother &on that will no family members signed & as per will that was prepare before 2 years & before death he said that he was not prepare any will & after death 2 days has not passed & he shaw us awill that mother prepare a will & she transfered 1 property in mathura & the other one of bombay in his name.My faterpurchased all property & the Mumbai property is in the name of my mother as well as father how can she transfer that property in the name of my nephew i feel that all they shown us is simply a fraud He took my mothers thumb impression in uncocious stage even my mother has not told us that she prepare any will & sign has not matched with my mohers sign because she is illitrate & at the time of signature her hand thretend but the sign on will shows that it was signed by a litrate person.& now he(nephew) & my brother not reply any answer properly what can we do?
Anirudh
(Expert) 20 May 2013
Dear Rajeshwari,
There is no point in simply discussing the issue here.
You have to immediately approach a lawyer, show your documents, discuss the matter and take appropriate legal action, without further wasting the time.
