Property Matter- Most Urgent

Querist : Anonymous (Querist) 02 February 2011 This query is : Resolved
IMP Note: Disputed Property purchased after the death of the Father after getting his PPF. (Mother & Brothers had not invested single money for the purchase of said property)

If Mother & two sons & 1 daugther 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)?

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Adv Archana Deshmukh (Expert) 02 February 2011
The daughter has equal right in the property along with the mother and brothers. She can give a legal notice to the builder, informing him about her share in the property and not to demolish/develop the property. She can seek partition of her share by filing a civil suit.

Kirti Kar Tripathi (Expert) 03 February 2011
I agree with with Archana. Since daughter has equal rights in property therefore mother and brother can not avoid her.

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