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Dharam Panesar (Managing director)     05 September 2009

Property Share

 My parents expired in 2004, I am harassed by my sisters who were married in the years 1997 and 2004 who are claiming atheir share in the property and the rent which I get from the property they are well settled and they harrass me . Do they have a right to this

 

dharam



Learning

 1 Replies

R.M.Bhaduri (Lawyer)     05 September 2009

Dear Mr. Dharam, You have not cleared and gave the details of the property such as whether it was ancestral or personal property either of your mother or father; whether any testamentary such as WILL was executed by your parents. However to reply, as per drastic amendment in Hindu Succession Act in 2005, the daughters can claim their right in ancestral property as well as in dwelling houses, and your case in my view is clear that as you are collecting rent that means it is not a dwelling house and in absence of any testamentary documents, your sisters have right to claim in the property and on the rents collected by you. So, to to avoid harassment it would be better either to go for amicable partition or approach the Court for Decree of partition.

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