Upgrad LLM

sister rights in property owned by brothers


Hello Sirs,

My deceased father had purchased  15 acres agri land on elder brother and 10 acres land on younger brother when both them were minor and 7 acres land on my mother name from his self earned fund.I am widow without children and  husband had not left any property or money in bank.Now I am in need of money for major operation and take care of health.when I asked by brothers to provide help for hospital expenses they are not helping me financially and also not allowing my mother to help me.

In this situation, is my brothers and mother property comes under joint family property? Am I have rights to claim portion of property from brothers and mother legally? if yes, what is legal procedure to claim property from my brothers and mother?

Thanks in advance for taking your time and advise

Sobha

 
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lawyer

when property purchased brothers are minors means these property were purchased in name of father or mother Will may be to portion this property to your brothers .
 In this situation you can ask portion if will is also not there properly

its not joint family property . its your father property they can give to any one even not their sons so if there is proof of evidence for the said proportion  then you cant get anything.

mother's property in her own named so in that case if she died without will then you can get portion
otherwise as per will.  

 
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Dear Adv Disha,

Thanks for valuable advise.However I would like to give more details on brother property.My father purchased 15 acres land on my elder brother name when he was 6 years old (now he is 50 years old, well settled in Pune- working for Pvt company) and 10 acres land on younger brother name when he was 15 year old (now he is 43 -well settled (owns businness complex) in native place)  and my father had prepared proper sale deed and executed  by mentioning my father as a care taker/gaurdian. No will had been made by father or mother.

I am from Karnataka state, locals  are telling me that if father had purchaed property on brothers name when they were minors, I too have rights to claim portion of property from brothers as source of fund is from father hence all 3 properties comes under joint family property.Is this claim is correct legally? if yes, what is legal procedure to claim  portion of all 3 property legally.

Thanks

Sobha

 
Reply   
 
lawyer

yes you can claim  but joint family concept is wrong , you can demand as no will left your father and you have no other option to earn money for your self and for your medical problem contact t to good lawyer in your city

 
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Dear Adv Disha,

Many Thanks to you for  your valuable advice.

 
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