Legal Question in Real Estate Law in India

Re: share in the property

Whether your father left any will? Whether you released your rights in favour of your mother? Check in the concerned Records and revert.

Re: share in the property

You have share in your father's property, just like your brother. Hindu Succession Amendment Act 2005 envisages that daughters have an equal share in the property. Provided there should be no partition of the property or transfer of the property prior to Hindu Succession Amendment Act 2005 coming into force.

Re: share in the property

The propery acquired by your mother is her own property, and she can gift the same to any one she wishes.

Now, so far so fathers property is concerned, the same is in the name of your mother, so to claim share in that property you have to prove that the property is benami held by your mother purchased by your father, so as to make you both sisters eligble for 1/4 share in the property.

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Re: share in the property

(a) You have an equal share in your father's property alongwith your mother and your brother; thus you two sisters may be entitled to one fourth share each (total one half) in your father's property;

(b) Your mother may, if so desire, transfer the property received by her from her father to anyone she likes during her life time or even after death by way a will. Thus your mother may gift the house to your brother or she may leave will in his favour.

(c) Your mother is not entitled to transfer her one fourth share in your father's property in favour of your brother; on her death, her one fourth share in your father's property shall devolve upon the remaining three of you in equal share.

Re: share in the property

You have share upon your father's property. The property of your mother is her own she may made a gift upon the same.