Legal Question in Civil Litigation in India

Daughter's right in the mother property

My mother expired without any will. She had a plot with a constructed house there on the same plot in her sole name. After her death same property was transferred by municipal board in the name of my father and two brother. My sister did not wanted her share and already given NOC by submitting her irrevokable affidavit for same property at the time. Now after 01 yr she filed case against us to demand her share and all documents we submtted to municipal board were fake. While she knows every truth and we are very much surprised by this. Please tell me what will be legal situation in this case for ou knowledge and help and guidance.


Asked on 4/07/09, 6:47 am

5 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Daughter's right in the mother property

My advice is : Assuming it is a case of "change of mind", you should settle the dispute out of court; reach an amicable settlement by payment of her share as per market value; You may negotiate with her for some concession. Legally, she may be entitled to her share and may also succeed in launching a criminal prosecution against you.

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Answered on 4/07/09, 8:33 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Daughter's right in the mother property

Already Replied

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Answered on 4/07/09, 9:19 am
Pranav Desai PD Legal & Associates

Re: Daughter's right in the mother property

The daughter will have right in the property of the mother. Please note that such right will last unless she has revoked her right by executing the 'Deed of Relinquishment of Right' or any such document which can be proved to demonstrate that she intented to withdraw her right.

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Answered on 4/13/09, 4:57 am
Yanala LaknaReddy Law towers

Re: Daughter's right in the mother property

Daughter is having the right over intestate mothers property. If she once abondoned it before any compitent authority she cannot claim it again.

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Answered on 4/07/09, 10:56 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Daughter's right in the mother property

Already replied.

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Answered on 4/09/09, 7:13 am


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