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Kabita choudhuri   04 February 2018

Father's land

Dear sir Im mrs kabita choudhuri from Kolkata. My father had bought a piece of land ( 5 kathas) approximately. He died in the year 1997. I have six brothers and two married sisters and one unmarried sister. Im myself married. My brothers recently have decided that they want to demolish my father's house on this land and consruct a residencial apartment building on this land with the help of promoters ( building developers). My question is that can i claim a share in this new building to be constructed and if my name should feature in the agreement between the two parties. In this context let me also let you know that my brothers are trying to make me forcefully sign a paper where i give up all claims to the said property( father's land). This is completely against my will. They are saying that since our father had died before 2005, being a married daughter i had no rights to ancestral land. Can i stop them from entering into an agreement with the promoter regarding construction of a residencial flat building on this land. I would also requests you to tell me if i have any claim over my late father's land being a married daughter. My father having deceased before the year 2004. Kindly guide me in this matter


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 7 Replies

R.Ramachandran (Advocate)     04 February 2018

First and foremost, be assured all the 9 of you (6 brothers and 3 sisters) have equal share in the entire property.

Your brothers are completely in the wrong. 

As you say that your father had bought the land in question (and not got it from his forefathers), it is not at all ANCESTRAL, as being claimed by your brothers.  So, the year 2005 etc., being cited by your brothers is absolsutely not applicable in your case at all.

Be firm and tell them that all of you have equal share and the same cannot be denied to the sisters.  If they do not agree, tell them that you will be compelled to approach Courts of law.  You will will 100% hands down.

 

 

 

 

1 Like

G.L.N. Prasad (Retired employee.)     04 February 2018

Remember that daughters are having equal share with sons on self acquired property of father since 1956.

The 2005 issue relates only to ancestral property.

Much depends on acquisition of property by your father and such facts.

wildlifexteam5   05 February 2018

lets hope this type of problems do not arise like did one my land, i thought this was a uncurable problem as i found infestation of pests and other kinds of rodents. But the most unusual way yet succesful was the one using ultrasonic rodent repeller.

Kumar Doab (FIN)     05 February 2018

It is believed that you are all Hindu and Bengali.

In Kolkota (West Bengal) the Dayabhaga school is observed by Bengali Hindu’s.

Confirm.

Kumar Doab (FIN)     05 February 2018

The father has deceased.

The succession has opened on extinction of father and daughters have equal tight.

Other Perspective:

Ancestral Property; It should be four generation old …………………..in other words property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter ..

Self acquired property may become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common..

 

You have posted that your father bought the property, probably with self-earned/acquired funds.

 

He was title holder and has expired; hence succession has opened on date of death.

The property has not been partitioned by a registered partition deed.

 

Your own brothers have adopted a tactical approach to force you, as posted by you to sign relinquishment deed.

You may not sign IT.

Kumar Doab (FIN)     05 February 2018

Apparently you have equal right and are being pressed to forgo your rights.

You can proceed to protect your rights if your rights are being infringed upon.

Either resolve the matter amicably or if tactical approach to involve some (influential) builder is being adopted to coerce, intimidate, defeat your will and rights and amicable settlement is not possible then you may ASAP approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/succession/civil matters and having successful track record ……………and well versed with precedence’s/principles/provisions of personal law that applies in your case ..  and proceed further under expert advice of your counsel….

LCI Expert Mr. Devajyoti Barman is from your location..

If you wish you approach him..

https://www.lawyersclubindia.com/top_members_list.asp

https://www.lawyersclubindia.com/experts/expert_point_complete_list.asp

 


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