Daughter Right in the Property of Father
Querist :
Anonymous
(Querist) 02 December 2009
This query is : Resolved
Hi,
We are having House which is build in the property of my mother father. My mothers father is expired but my mothers Borther is objecting for any construction works or any other works related to property.
My mother has not register her marriage, and we cannot find her birth reistration. My father is expired.
Under what section can I costruc or do any work on the propery based on right of daughter in the property of father.
Can I sucessed, what I have to do to divide the property without availability of documentary evidence.
Urgen ?
Thanks
Manish Singh
(Expert) 02 December 2009
firstly, you will have to look into the fact whether your mother is entitled for the share in the property or not. please provide the state, marriage year and also the fact whteher any partition of the property has taken place or not or has it been bequeathed under a will or not.
Raj Kumar Makkad
(Expert) 02 December 2009
You are the natural heir of the entire properties left by your parents and your maternal uncle has nothing to do with the inheritance of your parents and he can not legally obstruct you to raise any construction in the building. go to civil court and seek stay order against him and do independently with the property as you require with your sweet will.
Manish Singh
(Expert) 03 December 2009
Dear Mr. Makkad,
as per the querist, the property belongs to his mother's father so it can not be called to be inherited without hiccups.
niranjan
(Expert) 03 December 2009
Mother and her brother are equal sharer in the property,so one sharer can not make alteration without consent of the other.
Manish Singh
(Expert) 18 December 2009
Dear Mr. Niranjan,
since the property belongs to the mother's father and she has been married too, we are bound to look into other facts of the case. also some other matters may also affect the rights of the daughter herein depending upon the facts of the disposal of the property
