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Author Topic: Daughter's share in Fathers property  (Read 2386 times)

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Offline enigma2015

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Daughter's share in Fathers property
« on: April 09, 2015, 05:50:33 AM »

My father (Hindu) expired without writing a Will leaving behind house (self acquired), ancestral land (in fathers name) and money in account and fixed deposit. He is survived by wife, a son and myself (married daughter). My brother wishes to transfer all the property in the name of my mother and then sell it off. He believes married daughter should follow the tradition of surrendering her share and transfer in mother name. He wants (me)sister to sign a deed where he can represent sister in all sale of property.
I want to claim my share in property. Mother is also fine with me claiming my share. If I trust him and transfer everything in my mother's name on the pretext that he will give me 1/3 of money once property is sold, then I fear he might cheat me.
How can I get my 1/3 share in property?
If we transfer all property in mothers name, then mother can prepare a will where she can divide share between son and daughter. What if brother gets this will cancelled and prepares new will in his name since my mother can't read/write english (she knows only hindi)


Offline advabdul

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Re: Daughter's share in Fathers property
« Reply #1 on: April 20, 2015, 07:25:42 PM »
you can seek for partition of property.

if you transfer your rights via mutation to your mothers's name and than your mother wills it back to you, your part of the share is also fine.

But you mentioned your brother may cancel the WILL of your mother, that is not POSSIBLE, WILL can only be cancelled by the person making it, not by anyone else
Advocate Abdul
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