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Author Topic: Women Equal Right's to Father's property  (Read 389 times)

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Offline bkumar

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Women Equal Right's to Father's property
« on: October 09, 2016, 07:19:48 AM »
Hello Sir,

Need some information / clarifications.
We are 4 sisters and 1 brother. I am the 2nd sister.My father died in 2011 and my mother died in 2012.

My father is a business man and all of his 80% of the properties used to buy or write on my mother's name during his life time and couple of properties on myself and my sisters and brother.

My father died intestate without writing any will in 2011. Later, my mother died in 2012.We see a registered WILL had written by my mother before she died. That WILL does not show any Valid
 
Question:

 1) My father died without any WILL. All of his 80% self own properties/self acquired properties are written on my Mother name.

 2) Does my mother has any authority to write any WILL. Since she did not gain any properties . All are my father's.

 3) As per LAW, after my father's death we all become Legal Heirs along with my mother and gets equal Share of
    my father's proptery though those are written on my mother's name. She cannot execute any WILL.


As per legal law, can i file a suite as per Womens Equal Right's to Father's property.
   
Kindly advice.

Thanks,
Sushma

Offline adv.amarnath

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Re: Women Equal Right's to Father's property
« Reply #1 on: October 12, 2016, 12:13:02 PM »
You are in absolutely in misconception. If the property is in the name of your mother, since deceased, then it will be deemed to be your mother's property in spite of it was purchased by your father. This is called Benami Transaction and it cannot be challenged at this stage. Now If she executed a registered will then it should place before court for probate.

The property which is in the name of your father that has been devolved upon you and your siblings.
Regards,

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

Offline bkumar

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Re: Women Equal Right's to Father's property
« Reply #2 on: October 14, 2016, 12:08:36 PM »
Dear Sir,

Thank you for you responses.

Here, I would like to make a point that the properties purchased by my Father always used to write on my mother's name. Though it was on her name those are not Self Acquired Properties by my Mother. It was by my father.

Since the properties on my Father's name and Mother's name come under ONE Nucleus all the properties are eligible for a share for a Women which is according to the law.

According to law, if the Male (head of the family) dies, all the properties on my Father & Mother would accountable for an equal share among the members of the Family (siblings).

So My mother, my brother and sisters would become legal heirs and all of us would have an equal rights on the properties.

Your suggestions please.

Thanks,
Sushma

Offline adv.amarnath

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Re: Women Equal Right's to Father's property
« Reply #3 on: October 15, 2016, 01:52:13 PM »
Again you are making round and round. It is very clear that the property in the name of father shall devolve upon his heir (widow, son and daughter) equally. On the other hand when your mother died her property will devolve upon her son and daughter unless any testamentary document is being executed during her lifetime.

For further clarification and to know the share of yours and your siblings, you can contact me for consultation in details.
Regards,

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

 

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