Legal claim of my father's property
Ranjana Choudhury
(Querist) 09 May 2013
This query is : Resolved
Dear Expert,
I am a female Hindu from west Bengal state requesting for legal advice related to partition of property (created by my father) against the following details.
1. My parents have two children, me and my elder brother presently a State Government Officer since 1990.
2. I got married in Dec/2002 (negotiation) within west Bengal.
3. My father was a central government employee, retired in the year 1990 and expired in the year 2005.
4. My widow mother expired in the year 2011.
5. In the year 2012 when I requested my elder brother for partition of my father’s property (created by my father) consisting of two storied building on 2800 sq ft of land. The response of my elder brother is quoted below.
a) He denied my share because my father had transferred and mutated the said property in his name in the year 1995 to get bank loan for building extension work. He remitted entire bank loan from his salary.
b) In respect of liquid cash in my parent’s bank account. Those have been withdrawn by my elder brother without any intimation to me because, as per him no daughter can claim on these properties after marriage.
Now my questions are –
i) May I claim my share on these properties under provision of law of the land, if yes, please let me know the methodology for such claim.
ii) Can my father transfer whole property in the name of my brother without any intimation / consent of me, because in the year 1995 I was not married.
Ranjana.
P. Venu
(Expert) 09 May 2013
Had your father executed a gift deed in favour of your brother? Mere mutation without a valid transfer will not divest the querist of her rights.
The cash in bank account, after the parent's death belongs to the querist as well.
adv. rajeev ( rajoo )
(Expert) 09 May 2013
You have got equal share. If your brother is denying to give the sahre then go for partition
Raj Kumar Makkad
(Expert) 09 May 2013
As per facts stated by you, your brother has no any document in his hand which may support his claim of divesting the entire property of your father in his name during the year 1995 so go for partition & possession of the properties movable as well as immovable claiming 1/2 share therein before the proper court of law.
