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Aparna (Homemake)     16 July 2011

Fathers Property share for Daughters

Hi,


I am from bangalore (Female, 24 yrs old) My father died before I got married without any will. After his death, my brother forced me and my sister to sign a legal document (Release Deed) for one of the property. I was 22 when I signed the papers. Now I am married and have a kid. When he asked us to sign the paper we had a domestic problem, so he said that this is just a formality and nothing to worry in the future. But now after our marriage he denied to give any share and claims that we do not have any ownership in the property. Is this true that we cannot claim a share in the property now? He has taken the business as well the two houses and other property and not a dime he spared us. He claims that he has spent for our marrige and that is all we get. The entire property is self aquired by my father. The release deed does sate only about one of the house where we live and nothing stated about the business and other property.

Can we claim for share in the property and the business now? Since he is not sharing any can we obtain a stay order for the business.

Thanks in advance for your reply

Aparna



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 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 July 2011

Whether release deed exeucted by you is regd.,?  If not then you can claim your share in your father's property.  File a suit for partition and seperate possession of your share.

Mahadeva Rao G (ADVOCATE)     27 July 2011

Mrs. Aparna,  

Since  there  is no  will  executed  by your  father,   all the legal heirs  including u r mother  if  she is alive will surely  get  equal rights over the  estate  of  the  deceased.     As  per  the  released deed is concerned   are  u sure  it  pertains  only to  one property or  all  the  property ,  whether  it is  registered or  not  registered  etc   can   be  concluded only  after  going  thro  the  release deed  document.      if  u  have  a  copy  of  the same  u can  revert   back  to me  on  9845285555 or on sohan1912@rediffmail.com    for  any  further  clarification  and  guidance.

Good Luck  and  Warm  Regards

Mahadeva  Rao G,  ADVOCATE,  9845285555.  Bangalore.


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