• Regarding father's property

Hi,

My father passed away recently and he had not written any Will. Can I apply it for my share now? 
Can I file a lawsuit ? Looking forward to hear from you.

Thanks& Regards
Prasad
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

A. When a male hindu died intestate (without a will) leaving behind his family members(class I legal heirs) that his assets shall be devolved between all class I legal heirs equally.

B.In your case, you can claim your respective share by filing a partition suit before the Jurisdictional Court i.e, Mysore Court. However, instead of filing a partition suit, all the heirs of the deceased can partition the same by executiong register Partition Deed before the Sub Registrar Office.

C.As far as movable properties is concerned that you need to obtain succession certificate from the Court.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

After your father's demise, his property will equally on all the legal heirs.

You can claim your share.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

On demise of father intestate your mother , you and your siblings have equal share in property

2) you can file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
94723 Answers
7534 Consultations

5.0 on 5.0

Hello,

1) If your father dies intestate, that is without writing a Will you naturally become a rightful heir to his properties movable as well as immovable.

2) You can get to a consensus with other legal heirs and amicably decide to divide the assets/properties among you and get the partition deed/settlement registered to give it legal validity.

3) Alternately if there is a dispute and all ae not able to reach a consensus you can file a suit for partition in the court of law and effect a partition.It would be advisable to consult a local advocate with the copy of the roperty document and he would be able to guide you with practical steps to be taken.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

1. Since your father died intestate, all the legal heirs, i.e., your mother, you and your siblings are entitled to equal share in his self acquired movable & immovable properties.

2. There is no need to file a lawsuit.

3. Obtain your father's death certificate and submit it to the Corporation authorities to obtain Khatha in all the legal heirs' names.

4. If any legal heir wants to give up his/her share in the property in favour of any other legal heir, it can be done by executing a Release/Relinquishment Deed relinquishing his / her share in favour of the other legal heir.

5. Alternatively, all the legal heirs can execute a 'Family Settlement Deed' amicably settling the property matter amongst them.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

Hello sir , you can file a civil suit for declaration to claim your share in the property , as a legal heir

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Hello,

You can claim the share in the property.

If a Hindu dies without a will then his property is divided among the class I heirs in equal ration and therefore you may go ahead to claim the share in such property.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. On the intestate demise of your father his property has devolved through natural succession on his Class 1 heirs i.e widow and children. If your grandmother is alive then she too gets a share.

2. If there is no agreement between the legal heirs to amicably divide the property through a partition deed then you may file a suit for partition in the competent civil court to cull out your share. Before doing this, apply for mutation.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can first talk to your siblings and other shareholders about this and try to arrive at an amicable solution to this for a mutually agreed partition.

This may reduce your efforts to file a civil suit and also may help you avoid unnecessary litigation expenses including wastage of energy and loss of time.

If this effort fails to fetch any fruit then you may file a partition suit seeking partition and separate possession of your share in the property.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

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