Upgrad LLM

daughters share in fathers properties


Hello Sir/ Madam, I am Hindu, married women. Living in Chennai, Tamil Nadu. My father had a property of three houses. He had 2 sons and 1 daughter (Myself) for the first wife. And 1 son for the second wife. My father had two wives. Second wife is my mother’s own sister. My father got expired in 2009. But before his death he registered one house in the name of second wife. Now i am 30 yrs., married in the year of 2008 and have 1 son. After my father expired; my 2 elder brothers shared the two houses in proportionately. But not yet registered in their name. The property is still in my father's name. My eldest brother has one son and one daughter. And my other elder brother has one son. And my younger brother is studying. Elder brother’s tries to register the property in their name... what is my right in the property of 2 House ( Each house has 4 portion). Should my elder brothers need my signature to register the property in their names? In which way I will get the partition of 4 portion house as part of my share of properties in each house. Kindly advice in this regard and do the needful.
 
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advocate

As per you query, i hope that your father before expired never writ any will or registered document,and the above property is self earned by your father,

if yes, the all the legal heirs having rights to equal, except registered property, if others violate or not give you, you have rights to fight and get shares,

if you are in chennai. call me. 9092776586

 
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Advocate,9444674980

Your query is confusing, but still i can advice you,  if your father had died intestate, all his properties ( in his name) to be shared equally by his legal heirs, this does not includes your step mother property. If your brother is trying to transfer the property in his name, u have to issue relinquishment deed or release deed to that effect,without that he cannot do anything. Given the situation, when minor is also here,(i hope so) it is not so easy to get the property transferred to his name. As far as you are concerned either u can ask for a property or you can go for monetary consideration .

 
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Advocate

Presumed that your mother and your step mother are alive and your father's property was his self acquired/inherited property and not ancestral in nature, and that your father died intestate without executing any will or family arrangement/settlement except giving away a property by a registered settlement deed to your step mother, now the remaining properties will devolve equally upon all his legal heirs, therefore since you and all other legal heirs have legitimate rights in the property, your brothers cannot sell the property to any third person without your consent or others consent to do so.  You can file a partition suit seeking partition of the properties and to locate a share to you as per your entitlement in the property and also file an injunction application restraining your brothers from alienating, encumbering or creating any transaction over the property till the disposal of the suit.

 
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Mr. Kalaiselvan  ,views are correct .

 
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