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Madhu (IT professional)     30 July 2012

Need legal advice in case of unmarried girl in property

 

 

I am basically from orissa ,a sw engineer,working in mumbai. I  have 2 elder brothers,1 married elder sister and a widow mother.One brother is married and has a child.All are staying  in orissa.I sacrified almost first 25 years life for my family members personally, professionally and moneytarily. Still they dont value all those and trying to harm me wherever possible. After learning their truth, i stop helping and gifting them money or any other things. They are taking sort of revenge on me .When i need their support,they are not coperating me. They all feel that i am working girl and can sustain myself and earning more than enough money.I lost trust that they will support anything in future if i need any.

I am unmarried and would like to know that can i claim parts of  father's property legally ?  My father had residential and agricular lands. I know my parent had made few gold ornament for me. i had gifted to mother and family gold items by even saving my food and eating. I am sure if i ask now they wont give me.My mother supports me whenever i discussed with her but she cannot move alone without anybody's support.

Very often, i used to think to file a case against my family members but next i used to change my mind thinking about my parents. In fact i dont want to do even though i am tortured & harrashed mentally as they clearly deny any help to me.

I seek legal advice.Do i have legal rights in my parent property i.e land, gold? I am not sure about if my father had kept any money for me & future as he blindly trusted elder brothers till his death ? I dont think if he had done any WILL before his death? I know if i ask about money, they will tell everything spent on my study and care. Can i make WILL certificate for my mother atleast for ornaments by calling her to mumbai ? 

Are these property legal views, and rights  for an unmarried girl can differ state to state, district to district within India ? 

This is a general questions.If any lawyer from Odisha,please advice me.

Please suggent me best ways so that i can free from tensions.



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 2 Replies

rahul (director)     30 July 2012

its all depand on that whether these property earn by your father or ansestral.

if there is no WILL, then you all (4+1=5) 4 childs and mom. wil be equal share.

You have right of 1/5 in the property.

 

Brother 1:   20%

Brother 2:   20%

Sister:         20%

You:             20%

Mom:           20%

 

Madhu (IT professional)     30 July 2012

Thanks for reply.

My elder sister is married in 1987 so she cannot claim right  as per Hindi act 2005 ? My sister has 2 sons (above 21 years) .Can they claim anything?

What  about gold assets ? Can me and my mother  make a WILL at mumbai with a lawyer there? My mother told me that she wants her share to be given me after her death.But we know other members will not support her in orissa and she cannot do alone herself as she canot move alone.

Can my 2nd elder brother claim for his 5 year old son?

Please reply me.

Thanks,

Madhu

 

 


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