icon Daughter right in mother property

What is the rights of daughter in mother property


A. Daughter has equal right in mother's property. On and from December 20,2004, daughter has equal right in ancestral property also as per the Amendment Act of 2015 of the Hindu Succession Act. Daughter has the right to Partition also.

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Latest Response 2 years ago
Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

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icon Gift deed from mother to daughter

My sister is studied upto 12th standard in mysore district. After two years she got married to software engineer. After two years she went and settled in USA with husband. Now my mother want to gift d


A. Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018 allows an NRI /OCI to receive a property in India as gift by following certain procedures. It is allowed under the law and your mother can transfer the property through gift deed to your sister. The another way is that she can write a will favouring your sister.

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icon Property Division

Hi My Grandfather has two sons - My father and my uncle. My Grandfather had 1 shop where both my father and uncle works. Two houses - which is acquired by each of his sons. We wanted to divide the pro


A. You should not pay for his sons education and certainly you should not pay the 50% of the salary to your uncle. At max the 50% of the value of the shop can be given to him which means that it is like partition/division of the property and after taking cash for his rights he will have no more right on the property.

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icon Revocation of gift deed after donee's death

Sir, my mother gifted a property to my maternal grandfather in 2017 My mother was forced by my maternal grandfather for this gift My grandfather died this year i.e 2021 Can my mother claim it back?


A. Hi, a deed of gift once executed and registered cannot be revoked, unless the mandatory requirement of Section 126 of Transfer of Property Act, 1882 is fulfilled. Section 126 of Transfer of Property Act, 1882 deals with when gift may be suspended or
revoked. According to it, the donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked but a gift which the parties agree shall be revocable wholly or i ...ReadMore

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icon Regarding Ancestral Property

I want to claim my share in my ancestral property,which is now in my parent's name.I would want to know how will it be divided & what is the process to get my share to sell?


A. First of all, for the sake of clarification, A father (current owner of the ancestral property) and his son have equal ownership rights over the property. However, the share of each generation (the father and his siblings) is decided first after which the successive generations have to subdivide the portion inherited from their corresponding predecessor. So in your case as well, this is how your ancestral property will be divided.

In order to get your share to the property, you can file a suit ...ReadMore

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon tenant cooperative housingsociety plots

Can a tenant cooperative housing society in Maharashtra transfer its ownership rights of the land belonging to the society to its members and remain just on paper society and that too with paying a st


A. Hi, it seems more details with regard to this question will be helpful. Who is the owner of the property? For how long have they been the owner? Please provide more details to enable me to answer your query better.

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icon Apartment had 3 sales deed executed 2004, 2006 and 2014!, 2004 sale deed is lost, have 2006 /2014 originals, Bank isn't approving loan.

Hello experts, I am interested in buying a resale flat which was built in 2004 and sold to Sajid(A), somehow 'A' lost the sale deed but had Attested copy. 'A' sold the property to Sandeep (B) in 2006


A. Hi, first priority should be to revive the original sale deed.
1. The first step is to visit the nearest police station and file a first information report (FIR).
2. A notice should be published in English and regional language newspapers stating particulars of the property, documents lost and contact details should anyone find the missing papers.
3. The owner has to make an undertaking on stamp paper, to be submitted at the registrar’s office, with details of the property, lost documents, co ...ReadMore

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icon Land locked

Ancestors land was opened area for years.70% boundary is occupied by the private land owners and 30% by government office , Tahsil.There is no road available for me to construct a house.No person is i


A. Hello Sir
It's your right to have a road to your home. You could with the help of the court get a road access to your house. The court would decide from whose land that road would be given so that you can access your house. Rights to access to roads is a fundamental right enshrined under article 19 and 21 of the Indian Constitution.
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icon Regading landlord issue

Hi, I have been staying in a home for past 12 years as tenant. For the first year only ie., 2009, they put a rent agreement. I don't know how many years that could be valid? Second thing is, the l


A. Hello Sir
As the rent agreement is missing the landloi son cannot force you to pay for the paint, also he would not be having a strong case in absence of rent agreement even if he moves to the court. It would be suggested to leave the house and let him do what he wants, you are not at all liable to pay for repairs in the absence of rent agreement.
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icon Stay order not followed

In spite of granting stay order from the court the opposite party continued with construction of house and completed the construction


A. Hi,
If the opposite party has continued to go forward with its projects by building a house and constructing it despite a stay order on the same land, then they must be penalised for violating the order from the court. This can be done by instituting a contempt of court petition against them.
If you like my answer, then please rate me

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya