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stuti   24 April 2018

Property matter

Hi there If property under fathers and mothers name , both father and mother who has passed away but property fully paid by deaceased son who was abroad The property was purchased in 2006 under fathers and mothers name ,by son who was working abroad he couldn't come as coming airfares expensive so he send money trusting his parents 1.can runaway daughter, who got married on (9-9-1999) has right in property of brothers self earned 2.father was not working ,all expense was incurred by son who was on monthly basis sending money from abroad Kindly let me know what does the law says because as we are in India we follow Hindu law being born in india Thanks


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 9 Replies

Kumar Doab (FIN)     24 April 2018

You have posted that you are all Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

Have the deceased i.e. your father, mother, left any valid WILL?

The property is in which state?

Is IT narrated in sale deed that funds are made available by you and is for future use?

Confirm!

Kumar Doab (FIN)     24 April 2018

GO thru;

Central Government Act

The Hindu Succession Act, 1956;9,10,14,15

 

https://indiankanoon.org/doc/685111/

As per your post the nature of property may be self acquired/absolute…

Succession opens on date of death.

Succession of Father and Mother and has opened on their date/month/year of death.

Daughter being ClassI legal heir of Father and legal heir of mother has 1st right for equal share in estate/property whose title is in name of her Father and Mother and that is left un-disposed by Father and Mother in their life time by any valid/registered deed…

Payment made by you (brother as in query) does not place any bar on your sister to approach you or courts for equal share/ a share …..

SO she can approach you or courts of law..

Kumar Doab (FIN)     24 April 2018

Rest is matter of facts and arguments in courts and court shall decide the matter per facts and merits..e.g; Parents had NO income to buy the property and whole proceeds were made available by you to buy the property..out of your personal funds ..

Other than disbursement of funds there seems to be nothing reduced in writing that the property is paid for by you and for your future use and benefit.

Sons and daughters can maintain parents.

The monthly amounts sent by you to parents can be settled by you as personal matter with your sister.

The option to settle the matter amicably outside the court remains open and if you wish you can settle amicably ……………. Registered Family settlement deed can be good option and may leave NO scope for future litigation.

stuti   25 April 2018

Thanks Mr I was told by my friend that in Maharashtra irrespective of religion the law of Hindu applies bcoz Hindu is ruling land The parents of my deceased husband were Christians This property purchased in 2006 is in Pune Maharashtra , parents didn't leave a will I am Christian wife of deaceased nri The run away married daughter converted to Muslim religion in 1999 They are greedy people they don't want to give my infant her rights in property the runawaymarried daughters whole family they live in slum area yerwada Regards Stuti

stuti   25 April 2018

Thanks mr doab sorry missed your name

stuti   25 April 2018

The runaway daughter grabbed two property my husbands self earned flat And house build in slum area yerwada she grabbed it And she's renting some men in the flat eating the fruits of rent Plz advice Thanks in advance

stuti   25 April 2018

The runaway daughter grabbed two property my husbands self earned flat And house build in slum area yerwada she grabbed it And she's renting some men in the flat eating the fruits of rent alone Plz advice Thanks in advance

stuti   25 April 2018

Sorry some error occurring twice got posted

Kumar Doab (FIN)     25 April 2018

Daughter is legal heir in personal laws quoted by you, also.


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