Legal Question in Family Law in India
property rights
my mother has 5 brother and 3 sisters. Grand parents have died. (1)How much right the sisters have in the property. (2) how to get the property as it is under possession of brothersi.e my mamas(3) the brothers claim that the sisters have given the property rights to them through some signed document.My mother and sister say that they have signed some paper but they don't remember and may be the signature has been obtained by cheating
5 Answers from Attorneys
Re: property rights
The situation warrants filing of civil suit for share in property and declaration of the so signed deed as forged.
If the property was ancestral property then your mother and all her sisters will be entitled to 1/28 share in the propery.
If the property is not ancestral then your mother and all her sisters will be entitled to 1/7 share in the property.
Re: property rights
Your mother have equal share alongwith her brothers and sisters as a matter of legal right under succession law.
If the signature of your mother has been obtained or procured by her brother by cheating than your mother can lodged the complaint to police authorties and she can challenged the same in the court while demanding her due share in the properties. For further query contect me
Re: property rights
Sisters have equal right in the property.If their signatures are obtained by fraud then they can approach the police for cheating/forgery etc. and also court to get the same declared as null and void and can also claim their share by way of partition.
Re: property rights
your mother has equal right in the property. file case for declaration that the documents are forged and file suit for partition.
Re: property rights
You mother and sister have signed the papers knowing well that they are transfering their share to the male members in the family which is legally permissible. They are not entitled to challege the transfer, if already made. If not, they can file a declaration that they do not intend to transfer their share to any other member of family.