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priti (owner)     24 June 2014

Daughters shrare in fathers property

Hello Experts, Need your advice.

Situation is as follows

my father was employee in Incometax department .My father has  purchased a flat in ANDHERI(E) which was 1BHK in society (self acquired property).i got married and staying in pune. my father died intestate( with out will) in 1996 my brother is living  with my mother ( widow) . after the death of my father as per nomination in society the shares are transferred to my mother . now in year 2005 the society undergone redevelopment and my mother got 2BHK ( 800 sq. feet ) flat . the cost of present property is nearly 200 lakhs .now as per tradition in utterpradesh my mother want to transfer all property i.e. redeveloped flat of 800 sq. feet to my brother only by making legal will and nomination in society.

 MY questions are:-1) can i claim my 1/3 share in said flat as per Hindu Succession Amendment Act, 2005 or Hindu Succession Amendment Act( maharshtra 1994)

 2)  can my mother give her full 1/3 share to my brother only by will as i am also her daughter and she got  her share from my father

3) what steps i should take to protect  at least 1/3 share in said property as my relations with my brother are already spoiled by property dispute as  my mother made forced will in my brother's favour ( giving all her share  to my brother only).

4) in case of death of my widow mother what steps i should take regarding communication to society ( as my name is not there in nomination form) and stoping sell of said property to 3rd party by my brother keeping me in dark.

5) can my brother leagally rent out that property in present and after death of my mother

 6) i need phone no./ email/ addresses of good lawYers in andheri( E) who can persue this legal matter

thank you in advance

priti



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 June 2014

Since your father expired intestate  and left inter alia a house property and as it transpires that your father was a Hindu at the time of his death, the succession in your case would be governed by the provisions of Hindu Succession Act, 1956.On the death of your father, if he was survived by his wife then the widow along with the sons and daughters became equal co-owners of the house property.

Thereafter when the mother died, assuming without leaving a valid will, then the co-ownership share of the mother would get distributed to all the sons and daughters.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 June 2014

Since your father expired intestate  and left inter alia a house property and as it transpires that your father was a Hindu at the time of his death, the succession in your case would be governed by the provisions of Hindu Succession Act, 1956.On the death of your father, if he was survived by his wife then the widow along with the sons and daughters became equal co-owners of the house property.

Thereafter when the mother died, assuming without leaving a valid will, then the co-ownership share of the mother would get distributed to all the sons and daughters.


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