• Share of property among brother and sister

I have two brothers and I am only daughter of my parents. I was married in 1998 and living with my husband without any support either from my laws or parents. My mother died a year back. My parent has property in village (agricultural land) and in city (Darbhanga) as well. My father and brother wants to acquire (keep in own possession) whole land without giving any share to my aunt (Uncle died and is no more) and cousin and also sold land at various places without the consent of my aunt and cousin brother. On not getting any amicable solution in July 2011 my aunt filed partition suit as plaintiff versus her own three son, my father, my two brother and myself. A notice in this connection was served to me as well in 2011. I have never attended any court proceedings as I am not staying there (Darbhanga) and my father assured me that at present there is no need off my presence there. But lately I see that my father and brother is playing game and I am not being briefed anything. The village property is ancestral one and property at city was inherited by my grandmother being only daughter of my parents. I want my share of father to be equally distributed between my brother and sister. How can I get my own share through this partition case filed by my aunt. Please advise.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1. It is necessary that you engage an advocate and take all the information from court.

2. once you come to know the present status ofthe case and any order passed against you then proper line fo action can be adopted.

3. it is not safe to keep any suit undefended or give power to look after your interest if that person is no more trustworthy.

4. So first take proper information from court.

5.You have share in the property of your mother if she has left any. But you can seek any share of your father aif he is alive .

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) you can also file partition suit for claiming youre share in the said properties

2)both suits would be clubbed together

3) contact a local lawyer and file detailed reply in suit filed by aunt

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) you can claim share in ancestral property even if your father is alive

2)you can get share in suit filed by aunt but I have advised you to file partition suit as aunt would be at liberty to withdraw her suit at any point of time

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

From the contents of yor post it can be understood that this property belonged to your grandmother and she is reported to have died intestate.

Under the above situation, the property left behind by your grandmother shall devolve only on her legal heirs consisting your father and his siblings.

If so, then the children of your father or that of or aunt are not entitled to any share in the property during their lifetime.

Therefore, in my opinion you may not be entitled to any share in the property.

However you may consult a local advocate and decide on all such further issues accordingly.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

As my father is alive do I have rights in my ancestral property. If yes, the same can I get through the partition suit filed by my aunt after filing detailed reply thereof and defending the same in court of law. Do I need to file another partition suit for claiming my share or I would get the same by defending myself in the partition case filed by my aunt.

From the information what you have provided in yor previous post, it appears that this property is not ancestral property.

If it is not ancestral property then you may not have any rightful share in it.

However you may consult a local lawyer with all the relevant papers/documents and get an opinion in person before initiating any legal case.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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