Remedies available to married daughter
m
(Querist) 27 August 2012
This query is : Resolved
Hello
Pls can i get help in arriving at a solution on a property matter.
Facts of the case
A ancestral property exists that has not been yet trabsferred in the name of any of the sons and daughters.
The property is very old and will need to be demolished and reconstructed in the near future.
The sons wish to transfer the property in their name without giving any share to the daughters stating that since they reside there, all the property related tax receipts etc need to be in their name
The plan is to now transfer the property in the sons name and later reconstruct the property. this may even lead to construction of additional flat for sale.
In such a case is there a remedy available to the daughter to get a share in the sale of flat in future when that event has not cocured today. As the trasaction currenlty happening is only tranfer of ownsership, the sons may not be in a position to offer money in return of relinquishment of the daughter's ahare in property.
Raj Kumar Makkad
(Expert) 27 August 2012
The daughters have equal right with their brothers in the ancestral property so they should agitate at this stage and should file a civil suit for partition and possession otherwise many complications shall arise and multiplication of litigation in that event may not be ruled out.
Dr J C Vashista
(Expert) 28 August 2012
I concur with the experts advise.
Get the property partitioned/possession according to their share which is equal for all brother(s)/sister(s)
K.K.Ganguly
(Expert) 28 August 2012
File a partition & possession suit immediately since you have equal share in that property along with your brothers.
M V Gupta
(Expert) 28 August 2012
Issue legal notice for the partition of the property and if not accepted by the brothers you should file suit partition as suggested.
JANAK RAJ VATSA
(Expert) 28 August 2012
legal intervention is required now only otherwise it would be too late . you should file a partition suite to claim the daughter's share
