Right of daughters in money after selling of farmland and house properties.
Pradeep Nandlal Dave
(Querist) 16 December 2015
This query is : Resolved
Dear Sir,
I want to request to guide me and have the legal opinion for the matters which is mentioned as under:
1)My wife's grandfather-Harishankar in GUJARAT STATE has left farmlands after his demise and he has not made any WILL/VASIYAT.
So,PROPERTIES:a)Farmlands in GUJARAT STATE.
2)My wife's father(i.e.my father-in-law-Karunashankar) is one of the Sons of grandfather-Harishankar.
3)Now,my father-in-law-Karunashankar has left one House in CHHATTISGARH STATE after his demise and he also has not made any WILL/VASIYAT.
So,PROPERTY:b)House in CHHATTISGARH STATE.
3)Now in my father-in-law-Karunashankar family-- a)his wife(i.e.my monther-in-law-Dayaben),b)Two Sons and c)8 Sisters are alive.
Dear Sir,
These 8 Sisters mentioned as c) have not been given any money after the sale of - a)Farmlands in GUJARAT STATE and b)House in CHHATTISGARH STATE.
Please guide me-How these 8 sisters can obtain/claim their money shares legally.
My email ID:pradeepdave07@gmail.com
With thanks and best regards,
Pradeep Dave
Kumar Doab
(Expert) 16 December 2015
Agriculture is a state subject.In UP/Uttaranchal married daughters are not eligible for share in agricultural land.
You may check the rules in Gujarat.
Succession has opened on date of death.
The property is not partitioned.
However you may obtain the mutation record from local revenue office and after death how the property was transferred and in whose names and who sold it?
The daughters may get share from self acquired/self earned property.
Consult an able counsel specializing in revenue/family/property/civil matters and well versed in local laws.
Rajendra K Goyal
(Expert) 17 December 2015
Consult local lawyer and daughters can file suit for partition.
T. Kalaiselvan, Advocate
(Expert) 26 December 2015
The so called 8 sisters are presumably sisters of your father in law, right?, then who and how many are your father in law's legal heirs?
You have stated that your father in law is survived by his wife, two sons, then what about your wife, is she not a daughter and legal heir of your father in law?
The 8 sisters of your father in law should prove before court for having funded for the purchase of the house property at Chatisgarh.
Your wife has an equal share in your father in law's intestate property, she can file a partition suit to claim her share if her other siblings are not agreeing to allot her share of property.
