Rakhi (NA) 25 January 2013

Family property

Dear Sir,

My greetings and best wishes to the forum. I'm in the middle of some family property issues and have some questions on the same. I would be glad and very grateful if you take your valuable time to answer my query.

We are only two sisters (both of us are married) and now my mom and dad wants to make a will providing the property (i.e. the house they live in the name of only my elder sister). Would like to know do I don’t have a right on the property as they are possessed by my parents and they are now partial with my sister? Can I Make some legal objection to get my deserving portion as a daughter, that is I want the property to be equally divided between both of us? Let me know If some legal steps can be taken on the same if yes than what are those sections or as such.

Looking forward for your earliest reply.

Thanks a lot for your help advance

Rakhi De

Kolkata, West Bengal

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7 Replies

Advocate Vishnu (Advocate) 25 January 2013

On whose name does the property stand at present ...?( ie : mom or dad)

If the property belongs to your dad... how did he obtain the property...?

Akshay Sahni (Founder/Partner) 25 January 2013

Dear Madam,

Your parents can make a Will and give it to anyone they wish to unless the property involved is being earned by ancestral channel, then you can always ask for equal distribution of the property amongst you and your sister.

We would be able to assist you for any legal proceeding for your right through court.

For any further queries please visit www.indialawhelp.com

We have offices in Delhi, Mumbai, Pune,Kolkata, Dhanbad, Allahabad, Noida.

Regards

Akshay Sahni

Advocate

09891982832

Rakhi (NA) 25 January 2013

Dear Adv Vishnu,

The propetry is in my mom's name and are not ancestral it is self possesed by them.

Thanks,

Rakhi

rahul (director) 25 January 2013

then ur mom can WILL to anyone..

Sadhana Patil (Advocate) 25 January 2013

one of my client is having some family property problem. client is a daughter deceased (expired) fathers daughter.client is having 2 sisters and 3 brothers and 1 step brothers her father died on 2012 leaving 3 shops and one flat at mumbai. thier earning source is only rent which is coming from shop i.e. shop rent. her father died due to cancer and client only spend the all medical as well as hospital expensed for her fathers treatmenat. after the death of her father, the burrial expenses also done by client(daughter). she is unmarried and running the family means her mother and lunatic elder sister. their earning source is only shop rent. her 3 brothers are living separatetly with their wives and kids. they are not providing any maintenance to their parents even for medical needs also. now client(daugter) wanted to claim for all 3 shops rent. she demand it in front of her 3 brothers but they threatened her and ask her to equally distributing the shop rent among all persons in family. but the client want all rent to run home and medical treatment for her mother and lunatic sister. Pls advice me how can i help her?

Advocate Vishnu (Advocate) 26 January 2013

Hello Rakhi,

Since the property is on your mother's name, she is the absolute owner . You cannot claim any rights on this property ." A woman's property howsoever acquired is her absolute property ". The most imporatant issue here is a " WILL " , becomes a valid document only upon the demise of the testator. So, your mother can change her mind later in life ,execute a new "will" and then the present " WILL" that is executed now , becomes invalid.So, let us hope , everything ends well.

Ajit Singh Cheema (practising Advocate) 27 January 2013

Instead of raising some futile legal objections it is advisable at this point of time to look after the interests of your mother and get the will changed.