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sanjayrtn. (Exe)     13 July 2013

Daughters right on father's property

Discussion: Daughters Right on Fathers Property-REgarding

 

Father: Deceased recently (Intestate death, without any will)

Legal Heirs 1)Mother : Live (now staying with me)

2)Younger Brother: Married

3) Myself (elder brother): Married:

4)Elder Sister: Married since 27 years ( is in other State, India)

Both brothers doing business together since almost 26 years along with Father ( till he was alive); during this period we bought couple of properties in fathers name:  even both brothers continue to do business together,

now with regards to property in the name of Father; as per Hindu law his daughter that is our sister may have "acquired right" due to intestate death of my father; the property was bought out with an understanding and out of business proceeds of three of us doing business, though legally purchased in the name of father;, now can his daughter that is our sister issue an NOC-no claims on this property, to effect the smooth transition of the possible partition/division between brothers; if yes, what documents need to be prepared by sister to issue NOC; or release of her right/ or relinquishment?? as applicable , or suitable power-Registered POA to the name of mother, since she may not be interested due to her age and health factor

However, before death, father had set aside few lakhs for her ie,our sister, which any way has to be parted to her....witout any objection from any of us.... 

can any one help us /guide us???



Learning

 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     13 July 2013

The sister will have to execute a registered release deed if she wants to relinquish her share.


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