On father demise 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
Property of my father is with my mother, my father died
My father died, my father property hand overed to my mother, now she was not showing any interest to provide property to me(son). And my sisters also creating negative on me.
Asked 6 years ago in Property Law
Religion: Hindu
18 Answers
My father died, my father property hand overed to my mother, now she was not showing any interest to provide property to me(son). And my sisters also creating negative on me.
Asked 6 years ago
File suit for partition for division of property by metes and bounds
You can file for partition of property if father died intestate without making a will.you have equal share in the proeprty.
Sir a suit can be filed check there is will or not if.there is no will or transfer before demise mother is not sole owner you all have equal share in property.
On demise of your father, all legal heirs class 1 have equal share. You can file partition suit.
Consult local property lawyer and file partition suit.
You can file a partition suit in civil court for your share
File for letters of administration from testamentary court.
After that, file a partition suit by metes and bounds.
Dear Sir,
After the death of your father instate the property of your father will goes equal share among legal heirs i.e. you, your mother and your sister. If mother did not give your property then go for partition suit in civil court.
1. How the property of your late fathger transferred to your mother?
2. Was there any settlement/gift deed registered by all the legal heirs of your latre father in favour of your mother?
3. If yes, then she is now the soile title holder of the said property which others can not claim.
4. If there was no settlement/gift deed registered by the other legal heirs of your father in favour of your mother, you can claim your share of your late father's property now and file a partition suit.
If you have not registered any settlement/gift deed in favour of your mother, you can claim your share of the said property of your late father as clarrified in my earlier post.
All have equal share. You can demand partition of your share.
You can claim a stake on the property.
If the father has passed without a will then you do have 1/3rd share in the said property.
Regards
You can claim a stake on the property.
If the father has passed without a will then you do have 1/3rd share in the said property.
Regards
You can file a partition suit against your mother seeking partition of property and to allot your legitimate share with separate possession.
Let them appear before court and express why they do not want to give your share in the property which can be challenged.
If your father had died intestate i.e.without a Will then on his death this property is liable to be divided in equal share among his 3 legal heirs.
So in other words you have undivided 1/3rd share in the property along with your mother and sister.
Now if you are not given your due share you can file a suit for partition and injunction for the same.
Dear sir
If your dad died without writing any will. Then you can file a partition suit in the court for property of your father it will be divided into three equal parts to the legal heirs of your father.
