Share of property of indian hindu lady
smarty
(Querist) 16 February 2017
This query is : Resolved
hi sir I am married lady since 1984 and we are 2 brothers and 3 sisters and one sister has been expire in 1992 and our father has been expire in 1996 and mother has been expire in 2012. my parents had left many property in their own name which has been distributed by my 2 brothers and 1 sister by manipulating the documents but I have no proof of that. Secondly one property which is registered under my mother name under ghaziabad development authority is left which is not manipulate by my brothers and I have already given a written application to GDA for non transfer the property. But now after the 2 years I received a letter from GDA for giving my reply on that propertry so please tell what reply should I give so that GDA will not transfer the name without giving my share of property.
rajeev sharma
(Expert) 17 February 2017
Since your mother died intestate in 2012 you are entitled to a share in her property. Put your claim before GDA by way of application. At the same time file a suit in civil court and seek injunction against mutating the name of any person and recording you a a joint owner
smarty
(Querist) 17 February 2017
Sir Thanks for your reply
We have sent a notice to GDA for non transferring the property without our consent in 2012 and after 4 years of our notice my brother again gone in GDA for putting application for transferring the property in his name and then currently GDA sent me a letter for asking my reply then I have sent GDA a proper written reply for disagree to transferring the property to my brother and I have also mentioned that please dont register the property with anybody name of my late mother without my consent . So is this enough because I am poor lady and I am not financially strong to fight in court. but I have submit proper written objection in GDA and they have also received my objection. I want that property will not transfer without my consent so that my brother will come to me for compromise because I am not financially strong to spend a money in court suit.
smarty
(Querist) 17 February 2017
please give me advise
SACHIN AGARWAL
(Expert) 17 February 2017
You can claim partition by filing suit in regards to your father's properties and since you are a lady and also poor (as you have written), you can also take help from Legal aid and in that case you would not be required to spend much money.
In mother's property also, yo can claim by partition suit.
Kumar Doab
(Expert) 17 February 2017
It is believed that you are all Hindu.
The property was self earned/acquired/ in the hands of mother/father?
Confirm!
Kumar Doab
(Expert) 17 February 2017
If it is self acquired then all ClassI legal heirs of Hindu male i.e. Mother, Wife, sons, daughters…………………shall have equal share in it.
If it is self acquired/absolute of Hindu female then firstly: husband, sons, daughters…………………shall have equal share in it.
It is case of inheritance.
The claimant has to submit to authority under whose jurisdiction property falls requisite forms supported by usually; death certificate, legal heir affidavit/certificate, ID proof, photo etc to record inheritance.
Since you are a heir you can submit your claim and obtain copies of claim if any submitted by other thru RTI.
You can seek Free Legal Aid from cell that might be in court complex.
Rajendra K Goyal
(Expert) 17 February 2017
Discuss in detail with your lawyer and give the reply to GDA.
You can claim share in other properties by filing suit for partition.
krishna mohan
(Expert) 23 February 2017
Well advised by experts. I suggest you to avail the services of legal aid cell situation in your area court complex for sending your defense to GDA and notice to other legal heirs demanding share failing which taking a proper legal course to protect your interest. They may come to your terms and with the help of the identified lawyer through above process you may get necessary assistance.
Guest
(Expert) 23 February 2017
Well Advised by Madam Goyal
Ms.Usha Kapoor
(Expert) 03 July 2018
I agree with Rajeev Sharma and RK Goyal.
