1. If its a self acquired property of father, then after demise it goes to his legal heirs ie widow and children in equal proportions

2. Mother cannot disinherit daughter as mother has only 1/4 share

3. Mother can disinherit the daughter from mother's own 1/4th share and not from the entire property

4. Did daughters give noc for property transfer to sole name of mother?

Dear Client,

After father`s death assets of father will inherit in all by 1/4th each. House transferred in her name is illegal but should have in joint ownership of all 4.

Even now you can file for partition and best and only remedy. First send her legal notice demand your inheritance share in property acc. to Hindu Succession Act.

On demise of father mother and 3 daughters have equal share in property

2) mother can not deprive eldest daughter of her share

3) daughter can file suit for partition for division of property by metes and bounds

Hi

1) Since the property was purchased in father's name. in all probability the mother would have become the de-facto owner of the house in her capacity as a guardian for and on behalf of children.

2) Please check whether there is any conveyance of property from father to mother through a registered deed executed by the daughters. If the conveyance of property executed through a registered deed, the contents of document might reveal whether the mother has got the property in the capacity of absolute owner or holds it as a guardian for and on behalf of children.

3) If there is no conveyance of property through registered deed, but only mutation has been done in government (municipal records/ MRO records), then the mother's right will be limited to 1/4 share of the house with 3/4 share vesting equally amongst the daughters and hence the mother cannot disinherit her eldest daughter in entirety.

Hope this information is useful.

Firslty, Mam, when there was no then it means that the property should be dissolved as per Hindu Succession Act.

Secondly, if because of the reason that you might be minor at that point of time the property transferred on her name.

Thirdly, as now it has been revealed to you then you should contest that.

Fourthly, you should file a suit for share in the property in thee civil court as soon as possible.

I am advising you after taking the presumption that the property was self acquired, but if the property was anscestral one then the answer would be little different as per law.

If there Is no will then you all have equal rights on property. You need to.file a suit for partition in case of she trying to divide property amongst other siblings and get an injunction. You have equal rights on property and your mother cannot alienate the property if it has not devolved on her by way of gift or will from your father

If this was self acquired property of your father, then all 4 of you had an equal share in the proeprty by virtue of being legal heirs to your father.

The claim of the mother is unfounded.

File a partition suit and seek your 1/4th share.

1. Since your father died intestate, the rights over the property devolved equally to your mother and her 3 daughters.

2. If you have not relinquished your 1/4th rights over the property in your mother's favour by executing a registered Release/Relinquishment Deed, then your entitled right over the property can't be denied.

3 If you have only given NOC to get her name entered in the revenue documents, then your mother is not the absolute owner of the property and you will be entitled to 1/4th share in the property. In such a case your mother can't deny your share over the property.

4. In case she denies your share(in case you have not executed a Registered Release/Relinquishment Deed), you can bring injunction on the property, so that your mother can't deny your rightful share.

This is my response to you:

1. How can the property be passed without any Will?

2. If there was a Will then only the mother becomes the sole owner;

3. If there was no Will then all the daughters also have a claim on the property;

4. You can file a suit for partition or declaration of right, title and interest on the property;

5. You can also seek for stay on the transfer;

6. Also seek injunction order against the other sisters;

7. You will have to take quick legal action since the period of limitation runs against you.

Yes you can file a partition suit for the share in the property. Since it is self earned property and on intestate death of father without will each legal heir shall have equal share in the property. So you have 1/4 share in the property and you can file for partition of same

hello,

the property belonged to the father and therefore after his death, all 4 must have a share in it. therefore, you have a share in it and your mother cannot disinherit you. you can file a suit for cancellation of the sale deed in case she alienates you from the property.

regards

1. If father died intestate i.e without making a will then his property has devolved through intestate succession on his widow and all 3 daughters equally. The share of every heir is 1/4th in the property.

2. Mother has no competence of law to disinherit her daughter of latter's 1/4th share. She can at the most alienate her 1/4th share, not beyond it.

3. The daughter is at liberty to file a suit for partition in the competent civil court to cull out her share in the property. She should also seek injunction to restrain other heirs from alienating the property during the pendency of suit.

1. In the case instant, IF the property is a Self-Acquired property (and NOT an ancestral property), THEN ALL the residual legal heir shall have EQUAL rights on the deceased's property.

2. IF Father has died without making a will (intestate) THEN the Mother CANNOT hold on to the property as her own, in any manner, whatsoever.

Keep Smiling .... Hemant Agarwal

Dear Madam,

Wife has no right of share but only right of maintenance and charge over the property. Thus she can enjoy the property till her death. To avoid her from selling the property or otherwise alienating the property put a case for partition or otherwise and get interim order restraining her from transferring the property to any body. Model partition suit prayer.

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PRAYER

WHEREFORE, the plaintiff prays that this Hon’ble Court may be pleased to pass an judgment and decree in favour of the plaintiff and against the defendants as follows.

a) Directing the defendants to effect partition of all the suit schedule properties by metes and bounds and put the plaintiff in possession of 1/5th share.

b) For grant of costs of the suit and such other relief’s as this Hon’ble Court may deems fit under the circumstances of this case, in the interest of justice and equity.

Upon the death of the proeprty owner, his properties shall devolve equally on all his class I legal heirs, provided he is reported to have died intestate.

Therefore all the four legal heirs have equal rights in the the property and each one is entitled to one such equal share in the proeprty.

The mother has no rights to refuse her revolting daughter of her share.

She can file a partition suit and can seek separate possession of her share through court of law.