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kashi (personal)     10 April 2013

Daughter's property right

Hi,

I have a brother and a sister. My father has few apartments in Hyderabad and he wants to sell the same. My borther thinks that he will get all the money out of the sale proceeds, my parents are old and week and not in position to take a firm stand.

My parents live separately in Hyd and my brother also live in the same city but separtely. We both sisters are married for last 20 years and live in Mumbai.

I would like to know if we dughters are legally entitled for the share. What are the options for me if my brother manages to take all the money by convincing my father as we are not in Hyderabad.

 

Thanks

kashi



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 3 Replies

sumana (practice)     10 April 2013

Daughters have got equal rights to their fathers property as sons. This has been done by the recent amendment made in Hindu Succession Act. But if in between your father executes any will in favour of his only son then there is a chance of the daughters getting deprived of the property.  

If your father dies intestate then you all have got equal shares in his property. 

In case you father is making any will in favour of his only son then that will can be operative only after his death, i.e he can take probate of that will only after your fathrs death, at that time you can file objection to that probate petition filling succession certificate.  

Else you talk to your father reminding him of this fact that Law has changed, and according to the new LAW Daughters are equally eligible to inherit their fathers property.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     11 April 2013

Is the property of your father is self acquired one? If it is Yes. 

Sumana advise suits your quarry

kashi (personal)     23 April 2013

Hi .

Thanks for your replies. Yes the property is self acquired by my father.

Recently we understand my brother convinced my father and sold one flat and took all the money from the buyer. There was no bank transaction all the money was taken by my brother and my father has just signed all the papers and registered the propery on the name of the buyer.  At no stage me or my sister is involved. I fear he will pressurise my father to do the same for other flats aswell.

Under these circumstances what are the options available to us. When we contact my brother he says he is in trouble and will give the money due to us when he is doing good, he is not even willing to give any paper document for having taken the money.

What are the options available to us, how can we make sure that we get what is really due to us.

 

Early reples/ suggestions highly appreciated.

Kashi

 

 


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