Daughter rights on mother and grandfather property Daughter rights on mother and grandfather property

5 years ago

Hi Lawyer, One of my friend need help.

Current Property is in her mother's name. It was transferred from girl's uncle as he did not have any children. Girls dad is no longer alive. Uncle got his property from his father (i.e her grandfather). Now in case her mother transfer this property to his 2 son's name. Then is it possible for daughter to claim share on her mother's property? As she is unmarried and not depended on anyone but her family.

Also one other property and shop is already in name of her two brothers which was given by his grandfather without notifying her and his grandfather was not mentally fit. So is girl have rights to get share on his grandfather property which was now in name of his brothers few years ago. The reason for getting her share is that his brother is torchoring her and her mother. And there are chances that they may force her mother to name all property to son's only. Please advice what her rights so she can approach court whenever required and if it possible to get her share . Thanks.

R. N. Chaturvedi

Responded 5 years ago

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A.As per your version it seems that the case of ancestral property, wherein girl & boy both have equal right. So she had a legal right on the property.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ashish K Dongre

Responded 5 years ago

A.Take paid consultation for Checking all the documents
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Vidhi Samaadhaan Vidhi Samaadhaan

Prabhakara S K Shetty

Responded 5 years ago

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A.It is not her ancestral property at all. No use reviewing property documents. Only chance the daughter would get a right in that property is if that uncle had transferred the property to the mother only as a guardian of her children.
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Anonymous

Replied 5 years ago

Thanks. Even though his uncle received his property from her grandfather (all property belongs to him) so it is not considered ancestra property?

So what option left for the girl as where she will live now. She is dependent on her brother and mother and their home only. And his brother are threatening to leave her house if her mother makes all property in his brother name as pressure from her brothers torture. Her dad was also dead during her childhood. Is there any way? Or should she loose hope completely. Thanks.

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Prabhakara S K Shetty

Replied 5 years ago

it is not considered ancestral property.k Vidhikarya and take a consultation with me, after seeing the papers I can say if there is any hope. I can give you free consultation, but I cannot disclose my contact number here.

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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.No doubt about Ancestral Property will be distributed amongst legal heirs . But in your case property documents need to be review. Kindly send to us documents copy.
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Vidhi Samaadhaan Vidhi Samaadhaan

ROBERT D ROZARIO

Responded 5 years ago

A.Need to review the documents. Legal positions cannot be answered without complete facts, as the answer will differ from one facts to other facts. Just because she believes the property to be ancestral does not make it ancestral property. It has to come through four generations. Contact me through Vidhikarya.
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Anonymous

Replied 5 years ago

Thanks. Actually all property was in name of her grandfather and all made by himself. Since girls father died when she was child then -

1) Her grandfather made half property in uncle 's name and then uncle has transferred to her mother's name because he had no children. So she can claim on mother property if she give all to brother's now? As she is unmarried and depended on her mother and brother only. Brothers are threatening her to leave their house now.

2) Othe half property was aquired by her brother in their name few years ago without notifying her. So she can claim on share now in grandfather property?

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ROBERT D ROZARIO

Replied 5 years ago

Please come online chat or call me. Needs some more clarification on the facts.

From your writing, I spell out the following:
(1) Lodge a complaint with local police station for domestic vilonce and criminal intimidation against her two brothers for forcibly trying to oust her from her mother's property and also forcing her mother to transfer her property in their name. If police do not take her complaint as FIR, then she should write to SP/CP and file a criminal proceeding u/s 156 (3) IPC before the Magistrate. A criminal proceeding will be initiated and they will have to get bail from court and give surety of good conduct.
(2) Parallely lodge a complaint online with National Commission for Women. Check the website - http://ncw.nic.in/onlinecomplaintsv2/frmPubRegistration.aspx
(3) Her mother is the rightful owner of half the share which she received from her uncle. No one can challege this part. She should immediately contact a lawyer for drafting a gift deed in her favour of her mother's property. Get the gift deed registered in the office of sub-registrar.
(4) For the remaining half share of the grandfather, she needs to file a civil suit challenging the transfer deed which was executed wherein her grandfather was of unsound mind. File a partition suit alongwith a declaration suit of her share title on the remaining property and shop.
(5) If she has financial problem and not able to afford lawyer's fees, then she should approach Free Legal Aid Service which is easily available in all courts in India. These panels of Lawyer give absolute free service to clients specially women, and fight their case without any fees. Its absolutely free to avail their service and they are also efficient lawyers. Trust me.

From henceforth, please try to come on one-to-one consultation, as it becomes more easier to understand the facts of the case. Like for instance i was confused when you referred to two brothers(?) whose brothers???

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Anonymous

Replied 5 years ago

Thanks Robert! Please provide me your number so I can get in touch later depending on further situation and what girls/mother decides.

Regarding your question, I am referring my friend's brothers. Thanks.

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ROBERT D ROZARIO

Replied 5 years ago

We lawyers are not suppose to write our contact details using Vidhikarya platform. You can contact Vidhikarya for my contact details and phone number or email id.

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Anonymous

Replied 5 years ago

No problem. I will contact them when I need your further help. I do appreciate all your help here :) Thanks.

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Vidhi Samaadhaan Vidhi Samaadhaan

Prabhakara S K Shetty

Responded 5 years ago

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A.Her mother is the absolute owner and can deal with it as she wishes, whatever way she got it from girl`s uncle. Anyway, obtain a copy of the document by which she got the property and show it to a experienced civil lawyer.
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NILANJAN CHATTERJEE

Responded 5 years ago

A.if the uncle has transferred the property to her mother through will or gift in that case mother is the whole and sole owner of the property and she has got the right to dispose off the property as per her choice. Ask her mother to gift the remaining property to her daughter i.e your friend or she can will such property to her as well.
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