Anita 29 March 2016

Rights of a married girl

Please see the events of the case, kindly suggest whether the daughter can get the relief under the court of Law.

Mother was a house wife and expired in December 2002. Father is a bread earner and still alive. Father owned all the properties in the name of his wife (Mother). Mother was not got anything from her ancestral property.

They are having 1 son and three daughters. After deceased of the mother in 2002, son has registered all the properties in his name in 2004/5, although there was no registered will in place neither the sisters has given their consent to do so. This fact has came to the notice of the daughters only in 2016. Daughters are not willing to leave their property. Let us have a discussion on the action to be taken by the daughters ( under the court of Law) to get their share on this property which was in the name of their mother.

For info, Father is now staying with his son.

Regards,

Anita

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4 Replies

Advocate Ram Prasad (Chief Lawyer) 30 March 2016

Its not clear how many daughters married or un married when married etc many qns are there but daughters also have rights Consult a good lawyer with all details Cell +91-91777-22930 AP (after court hours)

saravanan s (legal advisor) 30 March 2016

since your mother had died intestate all the legal heirs including your father,brothers,sisters have equal rights in the property.with the death certificate obtain a legal heir certificate and then mutate the property on the legal heirs.then you can file a suit for partition and also obtain a injunction over your brother to stop him from proceeding with any transaction concerned with the disputed property.your brother cant take all the property

Anita 30 March 2016

When Mother was died, that time Brother and one sister was unmarried. Subsequently, sister was got married and brother is still unmarried. I do understand from my brother that he had taken the legal heir certificate in his own name only since mother has expired before 2005 and as per the legal hair certificate he has transferred the property in his own name. Or it could possible to transfer the entire property in Father's name alone initially and later Father has given the legal heir to my brother alone and accordingly brother has registered the property in his name.

Which way we could proceed for a suit whereas we ( sisters) do not have the death certificate and the legal heir / mutation papers in our hand. We came to know the incidence through the Delhi Govt's web site and later confirmed with our brother.

SAINATH DEVALLA (LEGAL CONSULTANT) 30 March 2016

if she died intestate all the daughters are legal heirs of mothers properties . No thrid party rights can be created by your father without the daughters consent

Section 14 and 15 of the Hindu Succession Act clearly state that.