Rights of a daughter

Querist : Anonymous (Querist) 01 November 2020 This query is : Resolved
Both my parents are no more today. I have a brother who has all my father's assets and valuables. As a daughter I at least want a share in my mother's jewellery which my brother is not in a mood to share. The flats he owns are in his name n my mother as the second joint holder. In case he wants to sell these flats in future would he require a No objection from me? Please advise. Thanks🙏

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Guest (Expert) 01 November 2020
Obviously you are also an Legal Heir of your mother and your Consent would be legal mandatory.

Advocate Bhartesh goyal (Expert) 01 November 2020
If you want to take share in property left by your mother then don't give your consent to your brother to sale the property .You have equal share and rights in the property left by your mother and father.

Guest (Expert) 01 November 2020
Agree with Advocate Mr.Bhartesh Goyal

SHIRISH PAWAR, 7738990900 (Expert) 01 November 2020
Hello,

You are a legal heir for your mother and father. Hence you have equal share in your parent's property. You have to get legal heirship certificate from court to get share in flats as well as well in jewellery.

Rajendra K Goyal (Expert) 01 November 2020
You can send a legal notice for partition of the property. Inform the society through registered letter regarding your right / share in the property and not to allow / issue any NOC / transfer without your consent.

kavksatyanarayana (Expert) 01 November 2020
Yes. You don't give NOC to your brother as you have also right over the properties of your parents if they died intestate.

P. Venu

(Expert) 02 November 2020
Yes, on the death of the parents, property is joined with all the children. You may demand your share and if unsuccessful, have the option to file a suit for partition.

Dr J C Vashista (Expert) 03 November 2020
Whether your father has left any will or other document ?
If not, it should have come to you also as 1/3 shareholder with your mother and brother.
Seek partition of the property.

Dr J C Vashista (Expert) 03 November 2020
It would be better to contact and consult a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

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