• Heir property partition issue

We are 3 sisters and 3 brothers aged between 35 to 50 years. our mother died 2 years back. our father died almost 13 years back.we wanted to divide the property equally among ourselves except our brothers. They are playing game in it and wants to acquire the all the share as they are saying women doesnot deserve any share from parents.They are even bribing every lawyer we consult and black mailing through phones etc .how can we solve this problem? Can we go to court directly and legally, how long it can take and what are the procedures of it?please advice.
Asked 4 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1)file suit for partition for division of property by metes and bounds

2) seek injunction restraining sale of property 

3) suit for partition would take 15 years to be disposed of
Ajay Sethi
Advocate, Mumbai
49236 Answers
2936 Consultations

5.0 on 5.0

If the property is coparcenery in nature and undivided, then, the sons and daughters have equal right by birth irrespective of the status whether they have been married, expenses met by parents. You should engage a competent and trustworthy lawyer to support your cause.
Rajaganapathy Ganesan
Advocate, Chennai
1118 Answers
7 Consultations

4.9 on 5.0

In this matter you have to file a partition suit.

You are absolutely eligible to get your share (1/6) of the property/ properties.

Don't worry, approach good lawyer.

Good luck / All the best
Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

4.8 on 5.0

Firstly, it depends upon the nature of the property.
Like- for Self Acquired
If there is no will with regard to the property then it would divide equally amongst all the legal heirs.

Like- Anscestral
Then if the portion was not happened before 2005, then also daughters would have all the rights for their respective shares.

Yes, you can directly go to the Court and move an application for your shares as per Succession Act.
Now, you can hire any good lawyer from Kanoon, and fight your case.
Good Luck...!
Sanjay Baniwal
Advocate, South Delhi
2025 Answers
5 Consultations

4.9 on 5.0

Dear Client,

Daughter have equal share in parents property along with son and in your case it`s 1/6th share each. 
U can approach directly to court, but drafting a partition petition will be tough deal for u . 
So local lawyer will be needed as verse with law and handle day to day hearing and effective representation of case.
Yogendra Singh Rajawat
Advocate, Jaipur
4640 Answers
2 Consultations

4.7 on 5.0

1. BEING Hindu's, the property rights of the brother cannot be taken away.

2. The brothers have equal property rights over the property of their parents. However IF the parents had prepared a proper will bequeathing the property only to the sisters, ONLY THEN the brothers rights can be truncated.

3. Settle amicably, and execute a duly stamped and registered Family Settlement Deed, with mutual consent, outlining the dividing property rights to all the legal heirs.

Keep Smiling .... Hemant Agarwal
Hemant Agarwal
Advocate, Mumbai
632 Answers
3 Consultations

5.0 on 5.0

Hello mam, it is advisable to file a civil suit for permanent injuction and declaration to claim your share over the property,and to obtain a stay order from court to restrain your brothers from selling the property..
Hemant Chaudhary
Advocate, Gurgaon
3465 Answers
15 Consultations

4.9 on 5.0

If your father / mother had not made a will. You are entitled for a share in the property. you can file a partition suit in the court of law.
Poonam Desai
Advocate, vadodara
5 Answers

Not rated

Hello,

it is not advised that you go to the court directly.
You may engage some outstation counsel or some lawyer who is credible enough.
Though you may appear as in person if you deem fir and proper. 

regards
Anilesh Tewari
Advocate, New Delhi
9968 Answers
133 Consultations

5.0 on 5.0

1. If your parents have died intestate (without executing a WILL), then each of the children is entitled to equal share in the property.
2. In the instant case, 3 brothers and 3 sisters are entitled to equal share in the ratio of 1/6th each.
3. Send a legal notice to your brothers for equal share and partition of the property.
4. If your brothers refuse to give equal share, then file a case against them in the jurisdictional civil court praying for declaration, partition and separate possession of the property by metes and bounds. This procedure may take between 6 months to a year.
Shashidhar S. Sastry
Advocate, Bangalore
1683 Answers
111 Consultations

5.0 on 5.0

Yes you have right over the property of your mother and father.
File a partition suit on all the property of father and mother in the civil court where property is situated and seek an ad interim injunction on the transfer of the property by your brothers donot worry you shall claim your share.
Shubham Jhajharia
Advocate, Ahmedabad
5421 Answers
15 Consultations

5.0 on 5.0

You can do the following:
1. You can file an FIR against the brothers who are blackmailing you;
2. You can file a petition in court and appear yourselves without a lawyer;
3. You can get injunction order in your share of the property;
4. You will have to file a partition suit.
Gowaal Padavi
Advocate, Mumbai
1163 Answers
2 Consultations

5.0 on 5.0

You first issue a legal notice combindly to all the three brothers by all the three of yo seeking partition and separate possession of your shares in the properties that belonged to your parents who are reported to have died intestate.


If there is a possibility and feasibility for an amicable partition, you may agree provided the conditions are satisfied, if not you may approach court with a partition suit by engaging the services of an advocate.
Not every lawyer you meet will be supporting them, you can still find a lawyer to take up your case on his/her terms.
T Kalaiselvan
Advocate, Vellore
39440 Answers
422 Consultations

5.0 on 5.0

Yes you can file partition suit in Court. Every woman has share in the property.
Prashant Nayak
Advocate, Mumbai
3018 Answers
2 Consultations

4.8 on 5.0

Dear Madam,

You may file partition suit and get your share. The entire property will be divided into 5 shares. Please contact me in Telugu if you interested.
Kishan Dutt Kalaskar
Advocate, Bangalore
2672 Answers
43 Consultations

5.0 on 5.0

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