I hv doubt about Maharastra act is there right to a daughter.in property who died without writting will?

Question

We are hindu of Andhra Pradesh. My father expired on 3-6-07
without writting will. I am married in 1982. age 44 years woman. we hv properity in Andhra and in mumbai one flat. My mother alive and one elder brother. Mumbai flat in the society documents mother and borther name mention as nominee 50% each. Andhra property one my mother and father's name .
and also fixed deposits. The property is own acquired by my father not fore father's property. In my veiw I hav equal share but I have doubt about Mumbai flat pl. give suggestion how to approach for my right.

Answer 1

Neither you nor you have brother any right on property legally .. if your father has left no will, the sole beneficiary would be your mother .... she can now decide as who gets what .... If you have taken equal responsibility of taking care of your parents after your marriage then you have an equal right .... otherwise you should just shut up and let your brother and mother live peacefully ....

Answer 2

Yes you are right according to section 10 or the Hindu Succession Act,1956 the self acquired property of the deceased who died intestate i.e. without leaving a will has to be distributed amongst the heirs in class 1 & as a daughter you get a share in such a property, this for further information now after the recent amendment in section 6 of the same Act even the property that was not self acquired but the joint family property or the ancestral property the daughter gets equal share as son as they are considered coparcener as the son. But in your case as far Mumbai property is concerned although your father did not make any will but he had nominated both your mother & brother to hold such property in equal shares, this itself amounts to making a will if taken in legal sense as his intention to give this property only these two can be clearly made from such nomination. You could have claimed share in such a property had your father not nominated any one for this property but his nomination clearly shows his intentions for which you cannot challenge unless you have some evidence to prove that such nomination was done by him by any force or fraud, or he was not in a fit mental condition to make such nomination at the said given time when it was made. Without proof of any of these the challenging of such nomination will not stand in any court of law. As far Mumbai local law, rule & bye laws of this society flat & with regards the change of ownership name in any such property is concerned that too will go by the clause regarding nomination as made in the original records of such a property & any challenge by you with them will be proved by the evidence that I mentioned above.

Answer 3

To my knowledge both properties you will have share, Better consult a good advocate and then decide anything. One more correction there is no Maharashtra Act ,. as you mention in your letter. Throughout India there is only one Act. as per the LAW

Answer 4

they will not give the equal share to u
Because u r a girl, but u have a authority's to take the equal share, but they are see u r old issues if any

but it is a civil case, be care ful of u r life