Daughter Right in her Father's Property
Monty
(Querist) 09 April 2010
This query is : Resolved
Hi!! My mother's father has died recently leaving survivor in his family are his two sons (Both are married and having two kids each) and my mother (two kids). Now my maternal uncles have forced my mother to sign on the stamp paper of Rs.500 that "she is agreed and wants no share from his father's residence as well as commercial property." which is not true and done forcefully. They have also submitted the copy of that stamp document in their society to transfer the shares on their name but still the name has not been transferred. Now society is in process to have the agreement with the builder to construct a new building on that same plot and that builder is providing new flats to all the entire old members of the society. This property is still not sold and also no share has been transferred to her brother’s name. Property is in Mumbai and still on the name of my mother's father.
We have disscussed thi matter with my maternal uncle but they are telling that as she is a daughter she has no right in commercial property and for residence she has signed on the stamp paper which has been submitted to our society. But the agreed to give us some share in terms of cash which is nothing in front of the cost of the property.
Pls advice what can we do.
1)Can my maternal uncle can transfer the share of property on their name without intimating my mother.
2)Can my mother still claim for her share in both residential as wel as commercial property of my maternal father.
3) Can we still claim our share in both the property? If yes then how to go ahead?
Looking forward for your precious advice.
Thanks
niranjan
(Expert) 09 April 2010
write to the society that consent of your mother is obtained forcefully and that the property should not be transferred in your uncles name. You can file the suit for partition and get stay order against alienation.
bhagwat patil
(Expert) 10 April 2010
agreed with niranjan. get entered your moms name in ROR
Raj Kumar Makkad
(Expert) 10 April 2010
Your mother is entitled to inherit 1/3 share of all the properties whether commercial or residential.
Even if your mother has given her stamped signatures even then her legal right therein do not extinguished and she can claim her right through civil court.
I suggest immediately file a civil suit seeking partition of the property and restraining the society to enter the property in the names of your Mama ji.
