quesDoes a daughter have share in parents property?

meri shadi DEC-1991 me hue thi, sasural walo se jhagde ki wajah se meri maa mujhe 2 mahine me hi apne sath le aayi thi, mere papa ki death 1974 me ho gayi thi, ham 5 behan nd 2 bhai the, bade bhai ki death Sept-2007 me ho gayi. property ka dispute na ho isbat k liye bade bhai ki maa se ladai hoti rehti thi. meri maa ki death Nov.-2011 me ho gayi thi. chhota bhai abh bolta hai ki maa 2007 me gift deed/sale deed se mere naam se kar gayi thi and papa ne apni property maa ko sale kar di thi. lekin mujhe papers per doubt hai. me 22 saal se maa k sath reh rahi hu kiya mujhe koi hak mil sakta ha.

  • ansDaughters have equal share in the property of father. But it is also a fact that in case a property is owned by a woman, then she has exclusive right over it and she can gift or sell the same to anyone without any dispute. The children cannot claim right of the property of mother as they can do in case of father. 

    If your brother has a genuine sale deed in favor of the mother and also has a genuine gift deed in his favor then he has a right on the said property. In case the documents in his name are doubtful, then the same can be challenged in Court and then your brother would have to prove those documents in Court. 

  • ansYou can get the share in the property ,but if your parents have transferred the same by way of any legal document then it cannot be claimed back,like you said by gift deed.If your brother is not showing the document you can file the suit against him claiming the share in the property ,in the court he will file the document to protect his rights.

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • ansDaughters have equal share in the property of father. But it is also a fact that in case a property is owned by a woman, then she has exclusive right over it and she can gift or sell the same to anyone without any dispute. The children cannot claim right of the property of mother as they can do in case of father.

    If your brother has a genuine sale deed in favor of the mother and also has a genuine gift deed in his favor then he has a right on the said property. In case the documents in his name are doubtful, then the same can be challenged in Court and then your brother would have to prove those documents in Court.

    Advocate Kanika Bhutani

      Punjabi Bagh (West), Delhi

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