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aln (sse)     02 December 2013

Married daughter share in father earned mother property

Hello sir, My Mom has one brother and one sister.my mom married in 1982,my aunt in 1998.we have a G+1 house in yousufguda.My grandfather purchased plot and constructed it and the house is still in my grand ma\\\\\\\'s name.My uncle and his wife are collecting rents from it since lasst 10 years when my grand pa died in 2004. My first question is whether my mom has equal share in it or not according to 2005 amendment act and second one my uncle is saying he had given some amount to my grand pa that time and with that my grand pa constructed house and put it on grand ma\\\\\\\'s name and so my mom and aunt has no rights in it now.Is this true?Once my clarifications clear, we need to immediately hire an experienced lawyer for this becasue opposition(my uncle\\\\\\\'s wife brother) is lawyer and playing dirty tricks with our property.grand pa and grand ma deceased before 2005 and no partition happened till now and no will executed...thanks in advance


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 2 Replies

Kishor Mehta (CEO)     02 December 2013

Sir,

If your grandfather died intestate, that is without executing a Will, then all of his children have equal share in the property.

If your uncle has given any amount to your grandfather, then he has to prove it. In any case the proportional share of  your mother remains unaffected. Please consult a local lawyer immediately.

Good Luck,

Kishor Mehta

1 Like

aln (sse)     02 December 2013

thanks kishore sir, can u please clarify why my mother's proportion remains unchanged if my uncle proves he gave money. for example if my uncle shows proof that he had given around 50% of amount of whole property just through bank statements and without any legal bond paper, will that be considerable or if my mom or aunt by chance says by mouth(in court if opposition lawyer do gimmick) that yes my uncle gave money then will they consider their testimony? your reply is imp to me sir.

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