1) you have one third share in land standing in your parents name
2) all brother and sisters have equal share in the land
Hindu women rights on fathers self acquired property
i born on 15.08.1958 and got married in 1973 and from andhrapradesh. i am hindu female with two brothers.father expired in 1984. my father self acquired property is 11 acres , but 4 acres is on my mothers name who passed away in1986.so far my fathers property is not distributed among us and there is no Will. even my father promised 3 acres of land but brothers are not willing to give. how much share i get lawfully in whole property of 11 acres. when i filed a case , their lawyer mentioned that i am eligible for 1/9 th share. pl clarify how they arrived to this fraction and pl let me know what share i get as per law. most of the property is on fathers
Asked 8 years ago in Property Law
Religion: Hindu
8 Answers
if your parents die with out any will you would have equal share as your brother in self acquired property as per Hindu Succession Act 2005 you will get equal share. you file partition suit in the civil court and claim the share on par with your brother claim as your father left total 11 acres land you will get 1/3 from the total property regarding the your father promised 3 acres of land and but your brothers are not agreeing to give promised share by your father as your father had not left any will regarding that 3 acres of land oral promise is not valid in the court you have to show the will regarding promised 3 acres land
All the property left by your parents having been self acquired in nature, you are entitled to undivided equal 1/3rd share with your brothers.
If they refuse your lawful share in the property you can file suit for partition and injunction against them to claim your due share.
The property being your father's self acquired properties and since he died intestate, the entire properties will devolve equally on all his legal heirs.
This is a similar situation to your mother's intestate properties too.
Thus you will be entitled to an equal 1/3rd share in the entire properties. Their lawyer has misguided you.
A. When a father died intestate (Without a Will) that all the class I legal heirs i.e, mother, wife, children will get equal share over the property.
B. In my opinion, your lawyer not advicing properly, you can file a partition suit before the Court for your 1/3 share over the entire property. And one additional share would be re devolved between the same under the Notitional Partition theory.
1. As per the recent Supreme Court order, you will not get any share of your parental property since your father had demised before the year 2005,
2. This Judgement is applicable for Hindus of Mitaksara School wherein you belong to.
The share of daughters is at par with the share of sons in the self acquired property of their father if he died without a will. Any one of you can file a lawsuit for partition to cull out your share in the property. Your share is 1/3rd in the properties of your father and mother if you have 2 brothers.
After the death of father and mother all the children s are inherited the property equally.All of you got 1/3rd share in the property.
