Hello

Your father acquired properties in addition to ancestral property. The children have a share in the property unless the father Makes a will and deprives them of the same.in your case your father died without making a will and therefore the property belongs to you as well as all your siblings and your mother.

You have stated that all the property is in your brothers name. How can this be possible when your father died without making a will.

Now the property belongs to you,your 2 brothers and 3 sisters.

If the sisters have died then their heirs, children have a share.

Also the your uncle and their chuldren have a share in the ancestral property which your father had.

You have an equal share in the self acquired property of your father.

Regards

The lands of your father which are not ancestral should be first demarcated. Then a succession certificate should be obtained from the district judge which clearly shows the person me who are eligible to succeed after the death of he father.

Then a partition suit should be filed in the district court and the court shall partition the property. A temporary injunction should taken so that nobody can construct any thing on the property.

Regards

1)you have one sixth share in property standing in name of deceased father

2) you cannot claim whole property just because you are the youngest

in commercial building built by your brother and nephew you can have one third share

similarly in vacant land you can claim one third share

1. It seems that after the demise of your father your elder brother got the mutation sanctioned in his favour, but this does not make him the owner of those properties as mutation is not a document of title.

2. You are free to file a suit for partition to cull out your share in the properties. Also seek temporary injunction to restrain the other siblings from alienating the property during the pendency of the suit.

3. The share of your deceased sisters have further devolved on their legal heirs i.e husband and children.

4. You cannot claim the entire house.

Where it is written in the law that the youngest son can claim all the property if you are living in any ellusion please come out of that.

The property which is now in your brother's name can only be claimed through partition deed if it is agreed within the family and all the members of the family will have their share in the property if someone is not interested in taking any share he or she can relinquish his or her right in the property against any other interested party.

In case there is no family partition agreement a case this regard may be filed in the Civil Court for the partition of the property.

No all the siblings will have equal share along, being youngest doesnot give you total right over the property.

For your share you have to file partition suit along with the interim stay application, praying before the court to divide the property by meats and bounds.

you should file partition suit in jurisdiction over the area in which the property is located..

Dear Client,

As per Hindu Succession Act, all children get equal right in father's property. If your are youngest, it does not mean that you can claim more share than others.

Firslty, as it has been stated by you in your present query that your father has two properties, one is anscestral and second is self acquired.

Secondly, for anscestral property, you can claim your share at any time within the period of 20 years in someone else possession.

Thirdly, for self acquired property also, if no will is there the said property would also have to be divided as per the law of Succession.

Fourhtly, but, for both the process, you may have to get the succession certificate from the court of civil law.

for the self acquired property of your father, his legal heirs will be entitled, in absence of a Will

his legal heirs are mother, widow and children

legal heirs will take equal share in the self acquired property

for the ancestral property - the daughters will have a share only if the father was alive on the date of passing of the Hindu Succession Amendment Act on 9.9.2005

so if father died before this date, then daughters or the legal heirs of deceased daughters will have no claim

if father died after the above date, the daughters will take equally with the sons

You can file a suit for partition by metes and bounds, wherein the property of your father would be divided by surviving legal heirs of your father in equal proportion.

1. All the children of your late father will get equal share of his properties

2. There is no preference for the youngest child. So, you can not claim the entire house left by your l;ate father.

3. Since your two sisters have died intestate, their children if any, shall inherit their shares of your l;ate father's property.

1. You shall have to file partition suit claiming division of the properties standing in the name of your late father.

2. In case your father has purchased any property in the name of any of your brother and/or nephew by making payment directly, then you can file a declaratory suit praying for a declaration that the said properties are the properties of your late father which were bought in benam of his son and/or grandson.

3. If such declaration is made by the Court, then you can also file partition suit in connection with those properties declared as your late father's properties.

Due to my studies and job all these days I was forced to stay out.Now we’ve decided for partition,I would like to know,can I claim the whole house as I’m the youngest in our family as per Hindu law

There is no provision in law for this.

As per law, upon your father's intestate death his entire properties shall devolve equally on all his legal heirs which includes your mother (if living), therefore all of you shall be entitled to an equal share in the property whether through amicable partition or by a judgment passed by court in a partition suit.

Our house covers 1/3 the total plot,on one side a commercial building built by my brother other side is vacant. The new building in our house plot and a new building in a different place is in my nephews name.

Now how to proceed for partition.

You invite all of them for peaceful talks and negotiation for an amicable partition solution.

If the talks fail or if they do not respond then you may file a partition suit in a court of law, the court will pass decree and judgment in this regard as per prevailing law.

1) First of all you insert your bame on property card. That the property was self acquired by your father and you are 5 siblings in that 2 died remaining are three.

2) You are entitled for 1/3rd share in the property.

3) Once names are registered on the property than you can apply for partition.

You cannot claim whole house. All the siblings will get equal right on the property. Property will be divided in 5 portions. And the share of deceased sisters will go to to their children who are the legal heirs of them.