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
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 10 years ago in Property Law
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10 Answers
please note. that nominee is mere trustee for legal heirs you have one fourth share in flat. file partiton suit for your share
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.
File a suit for partition disputing the nomination. You are entitled for a share in the property.
Hi, daughter has equal share as like male members.
the decesed mother wanted the flat to be shared by his sons only.last year in september it was decided dat the house would be shared by the sons only to which the daughters also agreed.it was all written in a stamp paper and the daughters and the samaj elders have signed agreeing to it.now we cam to know dat the stamp paper which was used was of year 2011 n named in some other persons name.n hence not valid anymore.and when daughters cam to know that this stamp paper is not valid they are threatening us of police complaint for an equal share.their is no will by the deceased mother.only nomination of their sons has been submitted in the society.
Asked 10 years ago
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
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.
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.
query is resolved
if the daughter release their right then only they are not entitled to the share.