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K. Shriya Sree   16 August 2021

Father's inheritance

Hello, I have a question so my mother's father died with no will and her brother's took the property and gave it to a builder. Prior to that both her brother's came home and took a sign of my mother stating that they are giving it for building total 6 floors in which 4 floors are for both brothers and 2 floors for builder. Now it's been 6 years and they are running some commercial business. But my mother and her sisters not got a single penny till now. What should I do? My mother finally realised that she will also gets the share. Also, we have a doubt that they may have made her sign for NOC by bluffing her. Can we claim back our NOC and ask for our fair share? Plz suggest thank you. How to proceed.

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 4 Replies

Dr J C Vashista (Advocate)     17 August 2021

Let your mother and her sister may collectively file a suit for partition, possession, permanent injunction and rendition of account in the appropriate court of jurisdiction.

It is better to consult and engage a local prudent lawyer for analyses of facts, professional advise and necessary proceeding.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     17 August 2021

As per the amendment, a daughter is recognized as a coparcener in the ancestral property, i.e. she has a right by birth in the ancestral property and thus, a daughter will have an equal share in the ancestral property as that of a son even after marriage.so file a suit as above eminent lawyers suggested immediately.

P. Venu (Advocate)     17 August 2021

The property appears to e self-acquired than ancestral. The sisters can join together and file a partition suit. The blank and signed paper, even if converted or doctored into a NOC, it is of no legal effect.

The property is jointly vested with the legal heirs of the deceased. Such rights, as devolved could be relinquished only through a duly executed deed.

K. Shriya Sree   04 September 2021

Thank you so much for your support 🙏

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