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Whether the daughter has a right in the parent's property
30-Jul-2023 (In Property Law)
Dear Sir/Madam. We are Hindu. My wife's parents died one in 2016 and the other in 2017. They had made no will. No share certificate or succession certificate is done so far. Her two brothers are in possession of the property in Cuttack, Odisha ? They do not to want to give my wife's share. Within how many years (maximum), we can file the case to get my wife's share. If we do not do any thing whether they can transfer the property to their name without my wife's consent. Whether they can have additional construction to the exiting building with out my wife's consent. Please reply. Regards. R K Rout
In absence of a will the daughter has a equal rights as son in the paternal property. You can file a partition suit in the civil court and get the property transfered into your name. .
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Adv. Deepak Kumar Panda
Cuttack | 200+ Answers
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The married daughter have equal right in the parental property after the advent of amendment in Hindu succession Act 1956,that came into force since 9th see 2005.The Hindu succession Act, 1956.originally did not give daughters equal right to ancestral property, this disparity was removed by an amendment that came into force on September 9,2005.
Advocate pusparani Mohapatra
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Adv. Puspa Rani Mohapatra
Bhubaneswar | 25+ Answers
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First of all, your wife must apply for legal heir certificate. Then she must file a partition suit for claiming her share. Otherwise, never know what her brother will do at her back. They may obtain legal heir certificate in their names hiding the fact that they have a sister as your wife is no more unmarried now. They may manipulate the R.I. inquiry report. And ofcourse yes they may change the nature of the property by making any further construction or demolishing any construction. They may also sale the property without your wife's concern and later on, it will be very difficult and taking consuming procedure to establish your case in court of law. There is no time bar to claim your property by way of partition. Hence, you can file at any time but to do it as soon as possible is advisable.
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Adv. Rajdeep Pradhan
Cuttack | 100+ Answers
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