Upgrad LLM

doughter's share in property

na

 

Since last 25 years of marriage a lady was not treated respectfully at her mother's house. In fact her mother threatened her not to come in between her and sons property share. In fact she behaves as if she is not her blood, she only want to be happy with her 3 sons. Lady’s father passed away recently. All the property belongs to her father and mother. A huge property woths crores (in the name of mother) was recently sold without asking for any concent or share from this lady. She is frustrated and except at the time of father's demise, since more than 5 years she is not at all visiting her mother’s house, imagining that someone would call her, but none of them cared her.

She no more believes in her family, as they are not at all caring  her not even her own mother. Now she wants to have her share from her father and mothers property. What she shall do now to acquire her father and mother's property share still its undivided?

Can she get that?  Her eldest brother is extreemly crooked and cunning. It is believed that most of the landed property of father he has illigally transfered to his name. What is to be done in such situation?

Thanks in advance.

 
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Advocate-Sra and Mhada matters

You need to name these ppl as ur descripttion is jst creating confusion between the mother and daughter.

 
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na

Thanks Madam, I'm reproducing it with little more clarity. All the BOLD terms are for doughter.

 

Since last 25 years of marriage a lady was not treated respectfully at her mother's house. Also her mother threatened her not to come in between mother and sons property share. In fact mother behaves as if she is not her blood and wants to be happy with her 3 sons. Lady’s father passed away recently. All the property belongs to her father and mother. A huge property worth crores (in the name of mother, acquired by father’s earnings) was recently sold without asking for any consent or share from this lady. She is frustrated and except at the time of father's demise, since more than 5 years she is not at all visiting her mother’s house.

 

Now the lady has no belief on her brothers, as they are not at all caring her, not even her own mother. Now she wants to have her share from her father and mother’s property. What she shall do now to acquire her share in father and mother's property which is still its undivided?

Can she get that?  Her eldest brother is extremely crooked and cunning. It is believed that he has illegally transferred most of the landed property of father to his name. What is to be done in such situation?

Thanks in advance.

 
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Others

You simply said that all the property belong to father and mother but it is not clear that all those property is under whose name in the document; who earned the property? Only father's hard earned money or both of them acquired? If it is only earned by father all children have equal share leaving aside1/3 of share to the mother. All matter are not clearly defined.

 
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dear querist,

if the property is self acquired propery of her father and mothr then they are free to give that property to anyone ,and if her father had died without leaving any will or had not transfered that property by any way to his sons  then daughter is eligible to get her share from that property and if the property is belonging to the ancessotral property then she is also eligible to get her share in that property ,mother and sons can not deprive her from geting her share in the property untill she voluntirly leave her share for all of them or to individula one,

secondly, if some one among her family like you said had transfered the fathers property to his name ,she can challenge the mutation in revenue court or can file suit for partion.feel free to call is you had left any query

 
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legal executive

i want to ask that can the son of the daughter can claim the property on behalf of his deceased mother for the share in ancestral property in state of haryana? in this matter the a person has done the will for the ancestral agricultural property in the name of his only two daughters because he didn have any male child and he passed away in 2008 left her wife and two daughter and both of the daughters are married. now the son of the sister of the person has claimed the share of said ancestral property on behalf of his mothers who was demised way back around 20 years before. i wish to know is this claim viable ? if yes, how much share can he avail in this property?..pls reply 

  

 
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respected querist Vishy ,

yes the son of the daughter can claim for share in the ancessotral propery as legal heir of his mother .he can claim for his share as legal heir of his mother depending upon his brothers and sisters as the property of his mother will divide into all heirs.

 
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legal executive

the claiment in the said case is the only son of her deceased mother while on the other hand there are two married daughters of the person who made the will in their name..now as u are saying the claiment can clain property as the legal heir on behalf of her mother.. nows pls guide as to how the shares of property will be divided??? 

 
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na

Thanks Mr. Selvam and Mr. Anish Thakur,

1. There are ancetral land in the name of deceased father.

2.  The property recently sold was earned by deceased father but he had resitered in his wife's (mother) name. Mother is house wife.

3.  The house in which mother and elder son (with his family members) are living is earned by deceased father and it is in his name. Now the elder son is doing expansion and renovation of this house by adding a floor by spending money from sold property at sl. no. 2.

Now please advise, what doughter can get from these properties?

 
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