1) on demise of mother 4 daughters are legal heirs
2) since father is refusing to give daughters their share in property file suit for partition for division of property by metes and bounds
Hi I am swapna omkar age 39 My father has 4 daughters and I m the eldest daughter All four daughters are married and well settled Now my mother died 8 months before and she had property on her name We are asking to my father to distribute the property to all four daughters but my father is not listening and planning to get married We want to know that what is our stand on that property can we challenge my father in the court or take legal action PS : said property is earned by mother alone and she is income tax accessed Regards Swapna
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1) on demise of mother 4 daughters are legal heirs
2) since father is refusing to give daughters their share in property file suit for partition for division of property by metes and bounds
Hi, As per law all the legal heirs have right over the properties you have 1/5 th share in the property so you can file suit for partition before the Jurisdictional court you will get your share in the property.
hello,
The Married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005. Yes you can take legal action
regards
Property is in my fathers possession Will there be any problems if we claim our property after 4-5 years, now my father is saying he will pay some rent for some time and he don't want to sell / distribute property now. Also what if any of the other my three sisters don't want to fight legal case on my father , What assurance document we need to get it done from my father if he want to sell / distribute property after few years Can we receive rent without property getting into our name? What if my father get another marriage, what will be her share in our property, can she claim the property belongs to her
1) no problem if you claim property after 5 years
2) you don't need any document from father as you have equal share in property
3) you can file suit for partition for claiming your share even if your sisters don't claim share
4) step mother will not have share in property. She can claim only your father share
The property lying on yor deceased other's name shall devolve equally on all her legal heirs consisting her husband and her children.
You will be entitled to 1/5th share in the property
You can file a partition suit if your father is not trying to settle the matter amicably.
You are also entitled to a proportionate rental income out of that property.
You can file a partition suit by yourself if your other sisters are not willing to participate in the legal dispute/proceedings.
Your father has to answer the court in this regard.
There is no limitation for filing partition suit.
Your step mother has no rights in your mother's property.