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What are the rights of daughter in fathers property
23-Dec-2023 (In Property Law)
We are three sisters, all married lives in different cities away from parents. We are in a dilemma whether to file a case against our only brother who has taken over all the property (approx Rs 5 crores of land) of our parents. Our parents died recently, and before dying my father gave us a HANDWRITTEN LETTER which says that our brother has forcefully on the point of knife told my parents to sign all the legal documents that makes him the owner of the property. We want a share & tried to negotiate with him but he denied by saying that property belongs to him now and he has all the documents to support it.Go to the court if you want the share. Now my Question is: Should we file a case on the basis of this handwritten letter? How strong is our case? What are the chances of winning? Looking forward for your reply. Thank you
If handwriting of your father can be proved then you have a strong case to win.
You can file a case against your brother and can get a stay on disposal of the disputed property by your brother until decision of the case.
You can file a case against your brother and can get a stay on disposal of the disputed property by your brother until decision of the case.
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Adv. Sandeep Naik
Indore | 200+ Answers
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After amendment in 2005 daughters have equal shares in their fathers property. However, there are two conditions which you need to see. 1. Both father and daughter must be living at the time of amendment. 2. Father should have died intestate.
If you fulfill the above conditions then you shouldnt worry. You can file a suit claiming your share in the property.
If you fulfill the above conditions then you shouldnt worry. You can file a suit claiming your share in the property.
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Plz mentioned in details are you a hindu and the year of death of your parents for appropriate advice ..
As per the facts stated above ... Law says that, the married daughters have equal rights in parental property after the amendment in Hindu succession Act 1956, that came into force since 9th September 2005.
But as you have a letter which says that your brother may have some will or other documents in his favour which may excluded you from the property left by your parents .
Now the question before the court is to examine the leagl validity of that so called documents in your brothers favor and the execution of that documents by your parents with free consent.
As law gives you a vested right in your parents property I advice you to first tender a legal notice to your brother asking him your share in yours parental property and wait for the response of your brother to that legal notice .... Only after a written reply admitting or denying your right in the property , discloser of that so called document in your brother favor etc ... further all your future action will be after that Legal notice and it's reply .
As per the facts stated above ... Law says that, the married daughters have equal rights in parental property after the amendment in Hindu succession Act 1956, that came into force since 9th September 2005.
But as you have a letter which says that your brother may have some will or other documents in his favour which may excluded you from the property left by your parents .
Now the question before the court is to examine the leagl validity of that so called documents in your brothers favor and the execution of that documents by your parents with free consent.
As law gives you a vested right in your parents property I advice you to first tender a legal notice to your brother asking him your share in yours parental property and wait for the response of your brother to that legal notice .... Only after a written reply admitting or denying your right in the property , discloser of that so called document in your brother favor etc ... further all your future action will be after that Legal notice and it's reply .
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Adv. Varun Kaushik
Gwalior | 25+ Answers
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Now, the legal recourse is in favour of daughters also after 2005. it advisable to approach proper way to any lawyer with the matter and facts in detail. i suggest the delay in this types of matter may end end up with nothing in hand, therefore, pls approach to any lawyer.
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Adv. Om Shanker Shrivastava
Bhopal | 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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