After amendment of Hindu Succession Act in 2005, daughters have equal right to share property of father. You can restrain them from selling the properties. Issue lawyer’s notice to them seeking partition and separate possession of property and after that file a suit for partition of the property. Seek stay of any transfer of properties till the judgment is given from court by brothers. Court will grant stay and you will get your share.
Eligibility of properties share being a daughter
Hello All, Good Morning! My father has expired a year ago and has properties like two acres of agriculture land and 1725 Sq Yards of Residential Land in a village. We are total of three children to our father i.e, 2 Sons and 1 daughter. I'm the daughter who has this query now. My brothers (elder and younger) are not sharing a single penny from my fathers assets and they claim that I don't have any right and they are also planning to sell these assets. My father has got these assets inherited from his mother (i.e, my grand mother) as part of his divided share. Am I legally eligible to claim my fathers assets of 1/3rd share? Can my brothers sell the assets legally without my consent? What can I do as first steps, if I'm eligible to get my legal share. Thanking you in advance for your thoughts.
Asked 2 years ago in Property Law
Religion: Hindu
10 Answers
On father demise your mother ,you and your siblings have equal share in agricultural land
2) issue legal notice to your siblings to claim your share in property
3) if they refuse file suit for partition for division of property by metes and bounds
4) seek injunction restraining sale of agricultural land by your siblings
The properties left behind by your deceased father shall devolve equally on all his legal heirs which includes your mother and you three children of your deceased father, provided your father is reported to have died intestate.
Therefore you are entitled to a legitimate share out of your deceased father's property.
Your siblings cannot deny you the rights, you can file a suit for partition and seek for your share in the property with separate possession of the same. In the meantime you can also file an application in the same suit to grant interim injunction restraining them from alienating or encumbering the property in any manner till the disposal of the suit for partition.
- As per law, after demise of your father intestate , his property would be devolved upon all his legal heirs equally i.e. you three having 1/3rd share in the property , if mother is not alive.
- Hence, your brother cannot take your share and they have right to sell their respective shares only , and not yours.
- You can send them a legal notice for asking your share in the property , and further state that if any transaction by them will be invalid .
- Further, if no response , then file a suit for Partition & Injunction before the Court for getting your share and to restrain them from selling any part of the property.
- Further , if you are not residing in India, then you can give POA to any relative in India for engaging a lawyer and to contest the case in your absence.
You are a legal heir and hence are entitled to 1/3rd of the assets. Their act is illegal and unsustainable and their sale deed can be cancelled in case they go ahead with the sale.
You should file an injunction against them so that they cannot sell the property and also file a partition suit against them.
1. Assuming that your father died intestate (without executing a WILL), you will be entitled to 1/3rd share on par with your brother's.
2. You are legally eligible and entitled to equal share on par with your brothers in both the properties.
3. Send a legal notice to your two brothers demanding for your 1/3rd share in the both properties. If there's no positive response to it, file a suit in the jurisdictional Court for partition, declaration and separate possession of the property by metes and bounds.
Yes you can claim that no one can sell it legally
Dear Client,
if your father had made any will that the property should be given to only your brothers, then you may not claim the property. but as per facts, since there is no will, you can claim for the 1/3rd property and your brother cannot sell that legally without your consent.
You say that your father inherited his duly divided share from his mother. It became his exclusive and absolute asset. After his intestate death, it automatically devolved on all his Class-I legal heirs equally - his mother, your mother, your two brothers and you. If his mother and your mother are deceased, the surviving heirs share your father's estate equally. Issue a legal notice to your brothers and proceed to file a suit for declaration of title and partition of the property at the appropriate court, in consultation with your lawyer. You need to execute a special PoA in favour of your relative or friend in India for initiating legal proceedings on your behalf, in case you are not able to travel to India frequently.
1. You have equal right on the movable and immovable properties left by your deceased father intestate.
2. Your brothers can not legally sell your undivided share of the said properties. They can sell their undivided share only.
3. File a partition suit claiming your share of the properties of your deceased father and thereafter file a petition under Order 39 rule 1 & 2 of C.P.C. praying for an injunction restraining your brothers from dealing with the saud undivided property till the partition suit filed by you is disposed of.
