Legal Question in Family Law in India

family law

We Andhra pradesh Hindu family i maried woman age 44 years i have elder brother. Father expired without writtin WILL two months before mother alive. We hv property in andhra as well as in mumbai a old falt given by the society for demolish and new flat constrcution. And made agreement with a builder. Now the flat should register Now as a legal heir i hv share in that property. Intially flat registered on my father name in1981. In 2004 society documents on simple paper of society written 50%brother name and 50% mothers name but not rigistered in register office and also not signed by brother. Now he is telling that only both of them having right on that property for me nil. Due to high registration value semifinished flat to be registered hence the society people asking for registration on urgent. I asked my brother to register on three names on humanity grouds because property is self aquired by father as per law woman also hv equal share in absence of WILL. But he is trying to register without my knowledge. Shall I approach societyand builders saying that i also legal heir wihtout my knowledge not to register property by sending letter. By force if they register shall i approach afterwards for seperation I financialy week


Asked on 9/26/07, 11:51 pm

6 Answers from Attorneys

Alok Sharma Alok Sharma & Associates

Re: family law

approach society first, if problem file civil suit.........you have right in the property.

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Answered on 9/27/07, 9:50 am
rajeshwar sharma rajeshwarnathsharma

Re: family law

Avail the legal remedies. No person/s have any eight to deprive any person of his/her entitlement of right given by statue. After the death of Hindu male if he had not executed any will of self acqired property will go to his wife, sons, daughters in equal share.

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Answered on 9/27/07, 12:03 pm

Re: family law

Firstly make representation to society and registrar and if necessity arise then approach the court.

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Answered on 9/27/07, 12:11 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: family law

You should immediately send a legal notice to the society/builder for registeration of your share; and if you do not get a favourable response, you should file a suit in appropriate court.

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Answered on 9/27/07, 8:43 pm
Amit Shukla AS and Associates Legal Services

Re: family law

You can approach to society.But if they don't want to listen you,you can file a civil suit against society in the light of the succession law of your state.

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Answered on 9/27/07, 12:02 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: family law

Approach the Society and if they deny then file a civil suit against society in lieu of the succession.

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Answered on 9/27/07, 3:30 am


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