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kavita (.)     16 August 2010

Daughter rights in brothers property

I want to know about daughter property in her father or brother property. If father already gave his property to brothers and their wifes,and they have 7/12 of land. Can sister or daughter claim for her right in property?



 14 Replies

Bhartiya No. 1 (Nationalist)     16 August 2010

Is property ancestral? What way or mode ur father transfered property to ur brothers?

bhagwat patil (Property due diligence 9422773303)     17 August 2010

If the property is ancestral sister can claim,if she married after 1994.self aqu. property of ur father he can dipose anyway.

1 Like

Aarthi (xxx)     18 August 2010

if the property is owned by our late father which was on my mother's name(notary) but just before my father's death he made the registration on my brother's name and it was a registered as a gift deed. do the daughter's have the share in this property? What are the chances? Also this property has been made as a gift deed on my brother's name by cheating my father by my brother.

krantiveer (Advocate)     18 August 2010

If your brother is married his wife and children will have the right, if the property belongs to your father you have equal rights in absence of any will made by him. If your brother is not married you may claim by succession.

krantiveer (Advocate)     18 August 2010

If the 7/12 extract is in the name of your brother and their wifes see by which registered document they have made the mutation entries, whether by consideration or by gift, if the property is self acquired by your father and he did not intend to give you, you have no remedy. Still you may check out if the document is fradulent.

Aarthi (xxx)     19 August 2010

my brother had forcibily made my father to transfer the property on my his name as a gift deed and now my brother and his wife are not allowing we sisters and even my mother to stay in the house. Actually this house was initially on my mother's name only and it was made a gift deed to my brother's name and later registered. is there any way my mother can change the name to my mother again. is there a law for that.

bhagwat patil (Property due diligence 9422773303)     19 August 2010

she may cancell the gift deed if ur brother has breached the terms and conditions of gift deed.

Aarthi (xxx)     19 August 2010

what r d conditions which will be on a gift deed?

kavita (.)     21 August 2010

My grandpa died in 1988 and he transferred his property on his two sons and their wives names when he was alive. The transfer was done in the panchayat and now the land is on the names of the four. The 7/12 and 8A reflects this and their daughter's name is reflecting in the 7/12 of the two wives as other.

My uncle sells some property of his own with the knowledge of the sister by taking her signature.

But now she is claiming for her part in the property. and she send a notice from a lawyer. But the notice received without lawyer stamp on the letterhead with only signature. Is this void?

In addition she was wedded before 1968 and she had her husband's land. Her husband died.

She is living in our flat which is in the name of my grandfather.

Can she claim for that and also for the property? Please help for this matter.....

Reji (agriculture)     11 January 2011

sir,

i am  yongest  member of my family . i have 2 brothers & 5 sisters. my father died in 1996 & mother lived in my house. all sisters are married & but 1 sister died. my 2 brothers are died in 2009 my grandmother giving a gift deed in 1 brother  he working in a parish priest but he is no more. my 1 sister file a suite in court .her share dividing to my  brothers property. 3 sisters are not interested to brother property.

my guestions for this matter ?

1.any rights in this property to my sister

2.any amentment for this matter for her suite....

please help & advice me.....

 

raj kumar ji (LAW STUDENT )     11 January 2011

i agree with patil and all dear friends


(Guest)

FILE A CIVIL SUIT FOR PARTITION OF JOINT PROPERTY MENTIONING ALL FACTS AND PRAY FOR YOUR SHARE IN THE SAME.YOU HAVE TO AFFIX COURT FEE STAMP TO THE EXTENT OF YOUR SHARE IN PROPERTY AS PER COURT FEE STAMPS ACT.GOOD LUCK.


(Guest)

YOU MAY FILE A CIVIL SUIT FOR CANCELLATION OF SAID GIFT DEED.GOOD LUCK.


(Guest)

IN CASE OF ANY DISPUTE IN JOINT FAMILY PROPERTY. A CIVIL SUIT FOR PARTITION OF SAME CAN BE FILED IN CIVIL COURTS AND LET COURT DECIDE THE MATTER.GOOD LUCK.


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