Property in the name of elder brother & mother

Querist : Anonymous (Querist) 26 February 2011 This query is : Resolved
My father had made few investments (investment in shares, property, etc) in the name of my mother and brother(1). My mother was a housewife and brother(1) was still studying. Neither of them had any personal / earned income. WHat share do I (married daughter) get in these investments? We are three children {2 sons and 1 daughter (all married)}.

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Devajyoti Barman (Expert) 26 February 2011
If they are made the owner or holder of those investments then you can not claim. If they are shown as mere nominee then and then only you could claim your equal share in those investments.

Dayananda Gowda (Expert) 27 February 2011
If the property standing in the name of female, it is treated as her individual property. you can not claim that.

You can claim the property standing in the name of your brother. but you have to prove that the property made by your father by investing joint family funds

G. ARAVINTHAN (Expert) 27 February 2011
You can claim under Benami Transaction Act

Querist : Anonymous (Querist) 27 February 2011
What if the father had invested his self earned money (sometime in late 1960s) in property, but the same was taken in the name of the mother and elder brother.(Neither of them had any personal income as such, similar to the above case, mother-housewife, elder brother-studying in college). The Benami Transaction Act would not apply. So the other remaining siblings would definitely have a share in the property [property being immovable property (land)]? What recourse do the remaining siblings have considering the father,mother and elder brother are no longer there and the children of the elder brother are disposing of the property? An early reply would be highly appreciated.

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