• Married daughter's share in deceased father's assets

Respected Lawyers, 
I, a daughter, was married in year 1980. My father expired in year 1999, leaving behind 6 children and self earned assets. The assets were registered under a firm. My father was alone proprietor of the firm during his death. 
We are 4 brothers and 2 sisters.
As soon as my father died, my 4 brothers registered their names as 4 partners of the said firm and deprived we 2 sisters of share in the firm-assets, though we are their sisters.
We, the sisters, are asking for our share in our father,s self earned properties, but our 4 brothers have denied us of any such share saying that they are the only partners of the said firm. 
We need your esteemed advise in this matter please, for justice.
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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21 Answers

Hi,

You may first send a legal notice for your share and then you may file case of partition and declaration.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

File suit for partition for division of self acquired properties by metes and bounds

2) seek injunction restraining sale of property by brothers

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

All have 1/6th share in property, Have to file partition suit and before that you can file pre litigation suit before Lok Adalat where properties located. If no solution than regular partition suit.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi, you may move to lok adalat if the both the parties are willing for settlement.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Partition suit had to be filed in court

It can be referred to lol Adalat by court with consent of parties

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

You can file a suit for partition in Civil Court my way of metes and bounds in order to claim your share in your father's property

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You need to file a partition suit.

The self acquired assets ought to have been shared equally amongst all the brothers and sisters.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. As per your narration it was your deceased father's self acquired property and he died intestate (without executing a WILL).

2. Under such a condition, your deceased father's self acquired property devolves equally to his wife and children.

3. There is no clarity in your question as to whether your mother is alive or not. Assuming that your mother is alive, then the share in the assets of your deceased father's firm shall devolve equally to his wife (your mother), 4 sons and 2 daughters in the ratio of 1/7th share each and if your mother is not alive, then share in the assets of your deceased father's firm shall devolve equally to 4 sons and 2 daughters in the ratio of 1/6th share.

4. Send a legal notice to your brothers for your rightful share and if you don't get a positive response to the legal notice, file a case in the jurisdictional court against your brothers for partition , declaration and separate possession of the assets in your deceased father's firm.

Shashidhar S. Sastry
Advocate, Bangalore
4167 Answers
258 Consultations

5.0 on 5.0

Lok Adalat can also be approached in this matter but and order can only be passed, if both parties agree to it. In this case As your brothers are not agreeing to give you and your sister her share, approaching Civil Court would be the only feasable option by filing a suit for partition.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Yes. You can approach the Lok Adalat in Solapur appraising the real situation.

Shashidhar S. Sastry
Advocate, Bangalore
4167 Answers
258 Consultations

5.0 on 5.0

The daughters can ask for the partition of the share in the firm properties further if they are not given equal share they can ask to dissolve the firm and then get the equal share in the property. Also an interim stay application along with the partition suit has to be preferred so that the properties are not sold further.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Matter can be referred to lok adalat only when they are ready to amicable settle the issue.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

yes, you can approach lok adalat for settlement of said family dispute .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You being the daughter have the share in the property in the self acquired property of your father.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

No, you will have to file a title suit and a suit for separation in the civil court of the place where the property is situated.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) You should have raised in issues within 3 years from they all become partners of the firm and not know. As per limitations act the time limit has been passed away.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

This is my response to you:

1. Firstly you need to know that both of you have a share, so contest the matter together;

2. The lok-adalat can pass orders but the same will not be binding but do file a complaint there;

3. So take legal steps because you have claims;

4. You must first send legal notice;

5. In the notice claim the 1/6th share each;

6. If they still do not concede then file a suit in the civil court.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

hello

the property belonged to your father and he died and thereafter your siblings denied you your share. therefore you should file a partition suit against your brothers making them a party and demand equal share from them. lok Adalat comes to your help if both the parties come to settle the issue.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1. If your father was the sole proprietor if the firm and died intestate then his assets devolved equally on all his children including daughters. The share of daughters is at par with that of sons in the self acquired and separate property of father.

2. You or your sister can file a suit for partition to cull out your share in the property. Also seek injunction against your brothers to restrain them from alienating the assets during the pendency of the civil suit.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If your father is reported to have died intestate, then the daughters are also entitled to an equal share in the property at par with their brothers.

If the brothers refuse to give their shares, then they may file a partition suit against their brothers and can get a legitimate share out of their father'\s properties as a right.

.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Can we, in this matter, ask for justice in Lok-Adalat in Solapur, for an early justice ?

You can, but if they dont agree with the lok adalat decision you may have to file a partition suit before the court which is within your jurisdiction.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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