Legal Question in Real Estate Law in India

My mother passed away a year back. She had bought a house with her money where my father and two brothers stay currently. She has not left any will and the house is still in her name as of today. I am the daughter and I want advice from gurus on the following:

- Do I have right on this property?

- Can my father transfer this house in his name without my consent and later write a will giving this house to my brothers leaving me out of it?

- Incase we decide to sell this house today, will the division of money be between father, brother and myself?

I would appreciate it much if someone can provide some legal guidance on this before I speak with a lawyer as well


Asked on 6/04/13, 8:43 pm

3 Answers from Attorneys
uttam Tibrewal

dear madam .. yes u do have right in the said property .. before ur father makes any changes its advisible to file Partition suit and claim ur share... for further query mail me at [email protected]

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Answered on 6/04/13, 10:40 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

you, your father and your siblings have an equal right in the property. you may go for a suit for partition or settle the matter amicably.

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Answered on 6/05/13, 12:01 am
Shrichand Nahar S.V.Nahar, Advocate

You have not specified the law of succession governing the deceased. Presuming it to be Hindu Succession Act,

1. Yes.

2. No.

3. Yes.

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Answered on 6/05/13, 5:02 am


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