Can daughter have equal right in father or mother's property
shweta
(Querist) 07 February 2019
This query is : Resolved
Dear Experts
My father had purchased Mhada property on resale. In Mhada, property is transferred in my father’s name. We are 2 sisters (one married & one is single) and 1 brother. Father expired last year. My father has made no will. As per my understanding now property is ancestral property in the hands of my mother. And being ancestral property we daughters have equal right in property after mother. Is it correct?
My concern is
1. Whether it is necessary that we transfer mhada property in mother’s name? Whether we will face any difficulty if property is not transferred in mother’s name and it remains in father’s name??
2. AS per mhada rule, to transfer property in the name of mother we all son & daughters will have to give NOC. Is giving NOC means we relinquish our right in property? Whether we daughters will be able to claim equal right in property after giving NOC?
3. If brother makes false will and get it signed by mother fraudulently giving property to only son, can we daughters challenge such will in the court?
Thanks in advance.
Vijay Raj Mahajan
(Expert) 07 February 2019
First of all its self acquired property of your deceased father not Hindu ancestral property and after the death of your Hindu father who died intestate, the class 1 heirs include his widow, all his children and his mother if alive. All the class 1 heirs get one share each in the property.
Neither your mother nor your brother play any dirty game in this regard, just ask your 1 share in the property, if not being given, file partition suit in the court and get injunction order for disturbing the existing status of the property by any of them.
P. Venu
(Expert) 08 February 2019
Yes, the property is jointly vested with the mother and the siblings; it is not, in anyway, ancestral property.
Dr J C Vashista
(Expert) 09 February 2019
All LRs of deceased have an equal share, which include widow + son + daughters being ancestral intestate..
Either of you can relinquish his/her share in the property in favour of another including mother/son/ daughter(s).
shweta
(Querist) 09 February 2019
Thank you all of you.
My mother is alive so right now none of us is asking any share in property. We daughters are concerned for our share after our mother. Right now brother is insisting to transfer property in mother's name in Mhada for which we have to give NOC. Giving this NOC will affect our right?
P. Venu
(Expert) 09 February 2019
Your rights in the property will subsist unless you execute a relinquishment deed or execute a settlement deed to that effect.
