Right of property for married daughters
My father has recently expired. I am his only daughter. Besides he has one more son elder to me. I am married. He had 3 cottah land (Kolkata Municipality area) on which a 3 storied building (550 sqft app in each floor) was built on 1.65 cottah 45 yrs back (which is duly assessed by KMC and property tax is being paid regularly) and rest 1.4 cottah was vacant. As per his plan (made by an engineer but not KMC approved) there was a common stairs with 2 flats on either side in each floor. He prepared flats of South part only keeping the provision to construct north side flats in future. By a gift deed he gave me that 1.35 cottah few yrs back. and told me verbally that he will give me right to use stairs so that I can build my own building on the north part as per his drawing. But he suddenly expired due to huge cerebral attack within 12 hrs. After his death it was found that my brother has got a gift deed from him by giving entire 3 storied building with 1.65 land on which it is built. My brother is now denying to give me any right to use that stairs. May I do anything legally. Can a daughter be deprived to get equal property right?
Asked 3 years ago in Property Law from Kolkata, West Bengal
your father had 3 cottah land out of which on 1.65 cottah land 3 storey building has been constructed . your father has by gift deed given your brother said 3 storey building along with land on which said building stands . similarly you have been given 1.35 cottah land . is the gift deed made by your father duly stamped and registered . please cross check .if it is duly stamped and registered your brother is absolute owner of 3 storey building and 1.65 land .
your brother cannot deny you right to use the stairs to access the north part of land . issue your brother legal notice and if he fails to permit you access you can move court for necessary reliefs .
If gift deed is not stamped and registered ,it can be challenged and find if there is some will.It will be better if you are able to find actual facts.No. of times facts are different than communicated.
Advocate, New Delhi