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Being girl child how she can claim her right over father's property
09-Jul-2023 (In Property Law)
My grandfather owns a house and several acres of land. Now a point has come where he has decided to split the land. My mother has 2 sisters and 2 brothers. So, my grandfather has 5 children. The division which he had proposed is unfair. He is going to give the house to two sons. And out of several acres of land, he has written that he will be giving just one 30x40 ft site to each daughter. The rest will be given to two sons. So basically the son's are getting 95% of the property share. 1. Grandmother says, daughters have no right to property, they are asking to sign papers of property division. I know this is not true, I want to know which law says children irrespective of men or woman have equal right? 2. Can I ask my mom to take a lawyer to the signing and ask they lawyer to explain the law and deny signing? 3. What action can I take legally for 3 daughters of my grandfather to get their equal share? 4. Is it a good idea to get stay order for the land and the house to prevent
You have not mentioned whether your grand father's property is self acquired or ancestral. If it is his self acquired property then he can dispose it off as per his wish for which his children don't have a right to compel him for a particular share or equal share. If it is ancestral property then the female issues have a right in the property as per the Hindu Succession Act regarding the year of marriage and other legal issues related to it to claim the property you have to consult advocate.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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Hi, Your mother has equal right in the ancestral property. At the first step get in touch with a lawyer to issue legal notice for the partition of the property. Then you may file partition suit with the court to get decree according to Order XX Rule 18(1) and Order XX Rule 18(2) of CPC. You may get in touch with me for taking up this case.
Thanks,
Adv.Niranjan.
Thanks,
Adv.Niranjan.
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these properties are not ancestral property .,property inherited by your father on your grandfather demise would be his self acquired property .iff refuse to give you your share file suit for partition to claim your share in the properties and obtain an injunction restraining the property
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Adv. Vedashree A
Bangalore | 500+ Answers
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If they are asking your mother and her sisters to sign property division papers , it means without their signature the division will not happen. Just tell them to refuse to sign. And you can also take precaution to see that they devide without them.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ 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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