Legal Question in Civil Rights Law in India

we are three sisters and one brother all are married. the property is in the name of my mother, it is a land of 200 yards in which my father build house (1980) ( 2 floor) in 100 yards and my brother build in 2010 (3 years back) ( 3 floor's ) house in other 100 yards and he is enjoying all the rents from construction of the house. my mother and father are residing there and my brother is forcing them to write the whole property in his name. my brother is residing in the 1st floor of my father's house, he is using physical force and threatening my parents to make the property in his name. My mother is a bed ridden patient suffering with cancer. my brother is not even helping in her treatment but also forcing my dad to give his pension to him. do the sisters have any rights in the property if my mother under influence of my brother write all the property in his name. One more thing I din't understand the doweling house partition please explain.


Asked on 10/20/13, 6:24 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

20.10.2013

Dear Madam,

YES, as per the Hindu Succession Act, married daughters have an equal right in the parental property. There are total five floors in both the houses and you are five of you - three sisters and one brother and your parents. You should partition the two houses in such a manner that each of you - three sisters and your brother and your parents get one floor each and do this while your parents are still there, so there is no question of your brother alone getting the entire property in his name.

Regards,

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Answered on 10/20/13, 6:34 am


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