Daughters inheritance rights in father's property
aarohi
(Querist) 04 September 2012
This query is : Resolved
sir,
My father passed away in 2007 without leaving any will. I have my mother and two married brothers. Iam the youngest and married. We own a house in delhi and a commercial property as well which fetches rental income. This is not ancestral property.
I want to know what are the daughters inheritance rights in the house and the commercial property. Though I had to relinquish my rights from the house few years ago under pressure from my brothers. Was I an equal share owner of my fathers house?
What steps can my mother take so that later on I also get an equal share in my father's property without any disputes or conflicts with my brothers. We do not want to fight any legal battle for this but is there a way through which i can claim my share in the property? If my mother writes a Will wanting to transfer her share of property to her daughter(which she wants to do), can that be done? Is writing a Will important for daughters inheritance?
I want a solution so that all get a justified share in property without any disputes with my brothers.
sanjeev murthy desai
(Expert) 04 September 2012
In view of the above fact, presently you don't have any rights over such property. However your mother has 1/3rd share together with your brothers in the said property. During the life time of your mother she can gift/will her share in favour of any one including you. I think if it is done as i suggested then there is no subsequent disputes ll arises. Even If such dispute arises you ll have good merits in the court of Law.
Naresh Kudal
(Expert) 05 September 2012
well answered by Mr. Desai.
aarohi
(Querist) 05 September 2012
sir,
what if there is no will?property will be divided equally?
sanjeev murthy desai
(Expert) 05 September 2012
Yes you are right but already you relinquished your rights over the property hence others will get equal share.
aarohi
(Querist) 05 September 2012
Thanks for your reply sir...i relinquished my rights from the house that we own but will i get a share in the commercial property that fetches rental income...?
sanjeev murthy desai
(Expert) 05 September 2012
Yes u ll get share in commercial property including rental income.
aarohi
(Querist) 05 September 2012
that will also depend if my brothers want this or not...and i do not want to fight in court for this...my mother has told my brothers many times that her share should be transferred to me after her but i dont think this is going to happen until there is a will..
thank you for replying sir..
