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pradeep (na)     01 May 2012

Doughter's share in property

Father of two sons and two doughters died recently. Long time back, father aquired a big landed property and registered in the name of his wife (a house wife). Now mother want to sell it to a developer and give the share of realised sum to sons only.

Can the doughters claim share on this property?

Can the selling of the property be stayed by court, if doughters claim for its share?


 3 Replies

Advocate Bhartesh goyal (advocate)     01 May 2012

{1} No,daughters can not claim share in questioned property as the property belongs to mother and is in the n

ame of mother who is alive so daughters can not claim share.

{2}  Owner of property can sale the property without any interevention.Court will not grant any stay order.  

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) 9811210505)     01 May 2012

Dear Pradeep,

Legal heirs can claim only after the death not before death. As per your query property is in the name of mother, who is alive. so both sons as well as dauther cannot claim. being no locus cannot file case for stay in court.



Rajiv Bhasin


9811210505 / 9868635640

pradeep (na)     02 May 2012

Thanks Adv. Goyal and Mr. Bhasin for clarifying. I knew this but had a doubt because the property was purchased by father by his earned money, he only registered in the name of mother who is non earning member. Before his death, father promised verbally to give share of this property to doughters also. Now on behest of her sons mother changed her mind.

There is a house also in father's name which is being renovated now by adding a floor so that both brothers can live separately. Can doughters claim share on it? How it can be partitioned or divided without selling it?

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