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Nirmala (N/A)     24 October 2009

Need legal advise

We are four children(2 sons, 2 daughters) my father hesitated to give property to daughters. Due to this we had a quarrel with him when he had come to my house. later he had complained to one of our relative that my in-laws and hubby are forcing me to ask for the property the same without his conscious my brother has recorded and made a CD now though it is not true. During his last phase of life( suffering from cancer) when he was on palliative care (alcoholic drugs) my elder brother took his thumb impression (though he can sign) and registered the house on his son's and another brother's two son's name( now its on three of my nephews name). Is there any way or is it possible for me to get equal rights on property now if i file a suite?


 43 Replies

Suchitra. S (Advocate)     24 October 2009

Nirmala ji, first of all let me know whether it is a self earned property or ancestral property of your father. If it is hi ancestral property, then, you should get a share in that. And if it is self earned, he can gift it to whomsoever he wishes to. The fact that your brother is having th recorded version of your father is not going to harm you in anyway on your right to property.

Nirmala (N/A)     24 October 2009

It s self earned property by my father. Then is it not possible for me to get the share in it?

Suchitra. S (Advocate)     24 October 2009

Nirmala ji,  here I have to say, your chances of getting the property is very less. As I said, legal heirs will not have any right in the self earned property.  You cannot prove before court that the signature was taken by fraud played by your brother and also. These incidents are common when children know father can bequeath his property to anybody he wishes.

Nirmala (N/A)     24 October 2009

why can't i prove it?? they have taken the thumb impression of my father and not the signature though my father can sign

Adv Archana Deshmukh (Practicing Advocate)     24 October 2009

You can challange the said transfer on the ground that his thumb impression were forcibly taken and that he was under the influence of medicines due to cancer and was not in a fit state of mind at that time.

Nirmala (N/A)     24 October 2009

then what does the Hindu succession section 6 says??? it says daughter have rights on property by birth

Nirmala (N/A)     24 October 2009

Archana how do i exactly prove it?? should i hold any documents??

Suchitra. S (Advocate)     24 October 2009

Nirmala ji, HSA speaks about the succession of ancestral property. Self earned property wont come within the purview of it.

Adv Archana Deshmukh (Practicing Advocate)     24 October 2009

Collect evidance regarding his cancer treatement, the nature of medicines that were given to him that would have affect on state of mind. Witnesses that would testify about his state of  mind at the time of the said  transfer shall be important evidance. Also as you said your father used to make a signature and was not making thumb marks. Contact a good lawyer of your city.

Nirmala (N/A)     24 October 2009

Then how do i get my part of shares anyway??

Nirmala (N/A)     24 October 2009

He actually had three properties only one s registered asi heard now no talk b/n sisters and brothers. i am not sure if they have done the same on the other two. What is the correct activity to follow up now? I requested few of my relatives to have a talk with him but he says after one year of my father's death we will segragate. But i don't have confidence on his words. He is indirecting making my hubby get wild by using harsh words. Suggest what can be done?

Nirmala (N/A)     24 October 2009

We are hindu staying in Bangalore two of the properties are in blore and one in TN



1 Like

Nirmala (N/A)     24 October 2009

Alienating ancestral asset means?

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