• Can daughters fight for equal share

can daughters claim equal share as sons in a flat under redevelopment  process?the deceased mother has nominated her 3 sons 2 months before death.what is the value of the nomination papers?can daughters go against it??
Asked 2 years ago in Property Law from Mumbai, Maharashtra
if there is a will then daughter can not go against the will or they will have to prove that when the will was made the mother was not in senses or this will made under threat,coercion,or undue influence or sister can prove that will is forged
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
please note. that nominee is mere trustee for legal heirs you have one fourth share in flat. file partiton suit for your share
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
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It appears that your deceased mother has willed the property to the sons. if it was a self acquired property, you cannot seek any share, but if it was ancestral then you can claim your share in it. in case she died intestate all of you would be entitled to a share. in case a will does exist and you have reasons to believe it is forged please challenge it before the competent civil court.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
File a suit for partition disputing the nomination. You are entitled for a share in the property.
Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations
4.7 on 5.0
Hi, daughter has equal share as like male members.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
i reiterate that daughter has 1/4th share in said flat . she can file suit for partition for her share . it is a civil dispute for which appropriate remedy is to move courts for necessary reliefs
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
If that is the case, you have an equal share in the property just like your brothers. move the appropriate civil court and claim your share in the property.the suit would be for partition and declaring the nomination paper null and void.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
If the property belonged to mother and she has not made a will respecting the same then all her children have an equal share therein. The share of daughter is at par with that of her brothers. 

Nomination does not vest ownership rights in the nominee. Brothers cannot deprive their sisters of their proprietary rights. The share of daughters in the flat is equal to that of their brothers which they may cull out by filing a suit for partition.
Ashish Davessar
Advocate, Jaipur
18093 Answers
448 Consultations
5.0 on 5.0
query is resolved
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
if the daughter release their right then only they are not entitled to the share.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0

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