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What are the rights of daughter in family property
02-Jun-2023 (In Property Law)
Initially my dad bought a property 35cents and was written in Moms name.we are 3 daughters and one brother.Before Moms death 25cents of the land was given to my brother and registered in his name. After. Now the rest of the 10cents is our house where my dad is living with my bro. Do we daughters and my dad have right over the total property . As 25cent is registered in my brothers name can we claim on his property . The remaining 10 cents does dad and daughters and my bro have the right to get our share. No objection certificate is not taken from.the three daughters . Please kindly help.
It is appearing from your query that prior to demise of your mother 25cents has already been registered in the name of your brother by way of transferring her right title and interest our of 35cents of property purchased by your father in the name of your mother. And after the demise of your mother only 10 cents left and in which you along with all your brothers have the equal right title to have the same divided in equal ratio. However the property which has already been transferred from the end of your mother during the period she alive could not be taken care of for the purpose of claim of the property.
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Adv. Mahesh Kumar Joshi
Kolkata | 200+ Answers
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Your entire query rests on the law of inheritance and Succession.I need to know how the stated 25% share of deceased mother's property transferred in favour of your brother whether by testament or gift or sale.Again I want to know how the remaining 10% is being enjoyed currently by brother a dad whether with the expressed consent of daughters or historical​ly.You definitely have legal rights over the stated property.Please contact me,if you so desire, through lawRato for further course of action.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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As the 25cents is already registered in the name of your brother no daughter has any right over that property. The remaining 10cents all legal heirs including your father are entitled to equal shares in the same. Legal heirs include daughters both married and unmarried
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Adv. Alakananda Das
Kolkata | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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