• Fathers property share after his death

We are tow brothers and one daughter from Tamil Nadu

My father was expired 20days befoer. I am married only Daughter 45 years old

 Now i want to know the what is modality to avail my share from my both brothers as they asre not willing to give me.
Request you suggestion for proceed further
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

As per the HINDU SUCCESSION ACT, if a male Hindu dies intestate then his property will be distributed among his legal heirs. If your father had died intestate then you as a legal heir is eligible to get share from his property. If your brothers are not willing to give share then you can try to solve the problem by way of alternative dispute resolution. If there is no remedy then you can file a case for partition of the property With all proofs.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

You have equal share in deceased father property

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

3) seek injunction restraining brothers from selling the property

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

you will have equal share in both ancestral property and fathers self earned property.

ask your brother if amicable they give you your proper share by partition if not file a partition suit and seek an interim injunction on transfer of the property.

This is your share and they cannot take it.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further if they try to transfer without your consent any such sale deed is not valid. IN Hindu succession act daughter now have right on both self acquired and the ancestral property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello mam, it is advisable to file civil suit for declaration and partition in court to claim your share over the poperty ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. Assuming that your father died intestate (without executing a WILL), his self acquired property would devolve equally to your mother (if alive), your two brothers and you in the ratio of 1/4th share each. In case your mother is also no more and has died intestate, then the property would devolve equally to your two brothers and you in the ratio of 1/3rd share each.

2. Send a legal notice to your brothers demanding for your share in the property of your deceased father.

3. If there is no positive response, file a case in the jurisdictional court for declaration, partition and separate possession of your share in the property of your deceased father.

Shashidhar S. Sastry
Advocate, Bangalore
4170 Answers
258 Consultations

5.0 on 5.0

1. If the property is the self acquired property of your late father, then after his demise, it will go to his legal heirs, that is, widow and children

2. You can file a partition suit to claim your share in your father's property

3. Try talking to your brothers first. If no positive response then issue a legal notice. If still no positive reply then file partition suit

4. You can also apply for letters of Administration by which court will appoint an administrator who will transfer the shares of the legal heirs to them. You can yourself become administrator

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

1. You have equal share with your brothers and mother (if she is alive) on the properties of your late father if he has not executed any will in connection with his properties.

2. First collect copy of the death certificate of your father and his legal heir certificate which can be availed from the ward counselor of local Municipal Corporation.

3. Thereafter file a partition suit claiming your share of your late father's properties.

4. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Your only remedy is by filing partition suit as suggested in my earlier post.

2. Make all your siblings and mother (if she is alive) as Respondents to the said partition suit.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You are entitled to share of property of your father if he has died without leaving a will.

File a suit for partition and separate possession along with injunction restraining brother from selling the property.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Firstly, if the property is anscestral then you need to get the succession certificate first from the civil court.

Secondly, then ask for the declaration of your share out of the same property before the civil court.

Thirdly, if the property is self acquired and no will is there then also you would get your share as per Hindu succession act.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You have 1/3 share in this property, which is a share equivalent to your brother's share in this property.

If you are being denied your due share in this property, file a partition suit against your 2 brothers.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

In father property, u along with brother have 1/3rd share each.

U can file for partition, if no amicable settlement.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If your father is reported to have died intestate leaving behind his properties to be succeeded by the successors in interest, then you have an equal share at par with your brothers and mother (if living).

You can claim your share in the properties and have an amicable partition deed drawn and registered in respect of your share in the property.

If they are not willing to partition the property or allot your legitimate and rightful share you may file a partition suit claiming your rights.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

We are two brothers and one daughter from Tamil Nadu

My father was expired 20days befoer. I am married only Daughter 45 years old

Now i want to know the what is modality to avail my share from my both brothers as they are not willing to give me.

Request you suggestion for proceed further

Whether you are the daughter or son to your deceased father, you have a right in the properties left behind by him if he is reported to have died intestate.

You are entitled to an equal share in the property at par with your brother.

You first issue a legal notice seeking your share in the property, let them give a reply after which you can file a partition suit seeking partition and separate possession of your legitimate share in the property left behind by your deceased father.

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T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

You can do the following:

1. Issue a legal notice to both the brothers;

2. If they don't give you, your share collect all the evidence of your land records and file a Partition Suit in the relevant court;

3. Then by the final order of the court, the property will be shared.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Madam

You will get one third share. Get issue a legal notice and file a suit for partition

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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