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Daughter's right in father's property

Page no : 2

Guest (n/a)     08 July 2008

Dear Sir, I need to clear some doubts and seek your expert advise on my situtation. I am a Nri citizen of UK (age 25)but born in India and living along with my mom. Can I claim a property in India named under my dadajee. My dad and uncle has passed away before stamping under their name. One uncle still survive, and there is no will as such from my Dadajee/dadijee and both passed away.


How can I claim our property. Does my mom can claim that property? . What are the process for NRIs?


What would be best way to claim the property. Any process or channel need to follow. Your quick response and advice would be really appreciable .

Rohit Krishan Naagpal (Advocate)     08 July 2008

Yes u can claim right in property by filling of partition suit  in competent court of law ! any further assitance count on me  rohitnaagpal@gmail.com

Guest (n/a)     18 July 2008

Dear,


According to Hindu Succession Act of 1956,


1st Senario


If a male hindu(grandfather) does not make a WILL than the property will be divide among the hiers (3 daughters and the son)They have an equal rite on the property that is on the name of the male Hindu.


2nd Secnario


If the male hindu has made the WILL and has specified the beneficary than the property will go the specified beneficary in the WILL.


 


Please make sure that what ever step you take think 1000 times and step ahead since people staying with your grandfather were eyeing the property since  long...they surely have planned for all the possibel back ups and excuses.


 


All the best

Srinivasa Murthy (Advocate)     21 July 2008

The first test is whether the property is self acquired or ancestral. Self acquired property can be disposed by the owner in any which way he choses. Its only ancestral property that cannot be alienated as the children acquire a right on the share of the father.

Guest (n/a)     18 August 2008

dear sir,


I  hav 2 sister n 1 brother. Recently my sister husbend filed a case 4 his share in d property. my sister is not interested in d property but her husbend. My sister husband is not a good person(Day dreamer) n he sold his share 4m his parental property now he want 2 do with my parents property Is there any way 2 stop him. 

ummer (govt:employee)     20 August 2008

Branches of trees from adjacet plot extended to my plot about 10 meters.By this,about 15 cents of my land became unuttilised.No cultivation possible. Moreover some coconuts plants also became fruitles..As such  I had submitted a complaint to the gramapancayath  secretary requesting to take necessary steps as per law(PANCHAYATH RAJ ACT) to get the extended branches cut.But no action was taken by him even after repeated requests for the last two years


What is the remedy

mahesh kumar yadav (Advocate)     21 August 2008

hi this is mahesh kumar yadav Advocate


i have understood your problem, ur grand father can write a will to selected persons whom he likes. If she is not the beneficiary to the will deed,then  she wont have any right in the said property.

Guest (n/a)     07 September 2008

Hello Sir,


My wife is only daughter for my father-in-law and he has left a will deed in favour of my wife that she is absolute legal heir of the property but my father has left some link document with their brother and now their brother sons are harrasing us and saying that they will vacate us from the property the link documents or sales deed, release deeds and i have obtained the same  documents from register office of true copies which is attested by sub register. 


 


Please guide whether this will help us and what we should do  


 

Guest (n/a)     08 September 2008

hi this is mahesh yadava advocate, first ur grand father should make a will deed infavour of his selected persons ie other daughters or any other person, and they can execute sale deeds to 3rd parties

Guest (n/a)     08 September 2008

hi,


i have some quieries in ur question, do u have  orginal will deed in which ur wife claiming forthe property,if so you can file a case against them ie your wife cousin brother,s restraining them in the intereferece of peaceful possession of your property, you can file copies of link documents along with orginal will deed.

Dinkar Vidyarthi (Advocate)     11 September 2008

HI,


without your sister consent he can't able to get a single paine from such property. and if your sister agreed to do so then you can't stop him. but oene thing technical here which is if the same property is self acquired by your parents than they are fulflash entitle to dispose of same according to there wish and even your sister is not stop them to do so.


the whole advise is only based on the factual condition which you not elaborately discuss.

Dinkar Vidyarthi (Advocate)     11 September 2008

HI,


without your sister consent he can't able to get a single paine from such property. and if your sister agreed to do so then you can't stop him. but oene thing technical here which is if the same property is self acquired by your parents than they are fulflash entitle to dispose of same according to there wish and even your sister is not stop them to do so.


the whole advise is only based on the factual condition which you not elaborately discuss.

Guest (n/a)     17 September 2008

hi,


i hav three sisters nd 2 brother..my father had died 2 months before..in his will he had given all his property to his sons  and not given a single share to my mother.........


I have question here that can my mother claim her share in her husbands propertyf???


can we three sisrters can claim on our father property...???I got married in


yr 2006...


 

Guest (n/a)     19 September 2008

yes its true the..... will says that my fathers buisness,his home and all his property will be equally divided among my two brothers.....................


now how can my mother and we 3 sisters can claim our share since my father had made his will favouring my brothers...


plz reply soon

Guest (n/a)     25 September 2008

dauhter can claim in his fathers prpoerty &grandfathers prpoerty how much power she is having


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