My father house partition My father house partition

1 year ago

My mother house property transferred to my dad name after my mother died and transferred to my brother after my dad died ,that property share I want as a daughter of dad ,can I proceed even my brother sold house recently?

ROHIT DALMIA

Responded 1 year ago

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A.Dear Client!

Under Hindu Succession Act post 2005.Even daughters have right to seek claim in the ancestral property and also share in the parents property.

If your parents either mother Or father or both died after 2005, then you are eligible to claim your 50% share in the amount received by your brother from selling that property.
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Mrighankhi Chakraborty

Responded 1 year ago

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A.Hello Client,

If the property belonged to your mother and is not an ancestral property then your mother has the right to transfer the property to your dad's name. You and your brother have equal rights over the property. since your father excluded you from the property you may file a title suit against your brother, but to determine the strength of your suit and strong grounds you need to have a details discussion with an advocate.


Thanks & Regards
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Advocate Simi Paul

Responded 1 year ago

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A.Hi client,

If there was no will or any such clause, where the property was supposed to be transferred to be your brother, then you have all the rights to file a suit against your brother for selling the property without your consent.

Thanks and Regards
Simi Paul
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Subhashis Paul

Responded 1 year ago

A.After your dad died, the said property shall be registered in your brother and your name jointly as per the Hindu Law and also the Indian Succession Act. Since the property has been sold by your brother without your consent and signature, the said transaction is illegal in nature and you should immediately file a suit for injunction and also title suit against the said property.
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