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Author Topic: daughter right on ancestral property  (Read 397 times)

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Offline debdoot333

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daughter right on ancestral property
« on: August 21, 2016, 01:54:01 PM »
Sir i am sisir mukherjee ex airforce officer.we have our ancestral property on dumka jharkhand. i have 1 brother and 3 sister. Total five sibling. all the sister are married and well settle .my father and mother both died before the amendment of 2005 hindu succession act.father died in 1982 and mother died in 1999. Till 2014 property was is the name of my father. Early my sisters said that we do not required any ancestral property.so we mutated the property in the name of both the brother. but not any written consent was taken from the sister. but it was well informed to them. now when we have given the property for development.so now among the three sister one of the sister claim her property right.

jharkhand follow Dayabhaga law of school

my question is
1.do she has any right in the property
2.if she approach civil court what are the changes that she get the right on the property
3. what are the step that we need to take care of in respect to stop her from doing this.

Thanks
Sisir mukherjee

Offline advmisthi

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Re: daughter right on ancestral property
« Reply #1 on: August 21, 2016, 07:43:06 PM »
When mutation is done all legal heirs had to give noc in favour of the two brothers.

Did you follow this procedure, no than your sisters can contest this mutation.

Adv.Misthi Mukherjee
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Offline adv.amarnath

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Re: daughter right on ancestral property
« Reply #2 on: August 28, 2016, 12:37:31 AM »
1.do she has any right in the property
Ans: Yes, all of your sister has rights inspite of NOC

2.if she approach civil court what are the changes that she get the right on the property
Ans: All siblings will get equal share.

3. what are the step that we need to take care of in respect to stop her from doing this.
Ans: Lodge Caveat from getting injunction order ex parte if she files a partition suit. But you cannot stop all of your sisters from getting their legitimate share from that property.

There is another alternative way, for which you have to go for consultation in detail. You can contact me over telephone or over email.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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