On the demise of your father his share in the property of his father devolved on his widow i.e your mother and all children equally. The share of daughters is at par with that of sons. You are free to file a suit for partition to cull out your separate share.
Disribution of Property
My grand father has 5 children [ 3 sons and 2 daughter].My grand father had self acquired property and this was undivided.Now my father [ one of 3 sons] has died.And my father has 2 sons and 3 daughters. and i am one of the daughter . What is my right towards the property and what are the rights of all others including my sons.
Asked 8 years ago in Property Law
Religion: Hindu
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7 Answers
1) on grand father and grand mother demise your father had one fifth share in property
2) on father demise his one fifth share will devolve on your mother and 5 children equally
3) your children have no rights on the property during your lifetime
Though this property belonged to your grandfather, upon your grandfather's intestate death (if your grandfather is not living now), his self acquired properties shall automatically devolve equally upon his legal heirs consisting his wife and children and his mother (if alive). Now presuming that your grandparents are not alive, then his properties shall be equally divided into 5 shares and your father is entitled to one such share.Upon your father's intestate death, his own legal heirs i.e., his wife (your mother) and 5 children shall inherit 1/6th share in his share of the property equally. Therefore you are entitled to 1/6th share of 1/5th share of the property that was left behind by your grandfather.
You can enter into amicable talks and settlement with the co-sharers, if nobody is ready for an amicable settlement then you can file a partition suit seeking partition and separate possession of your entitled share in the property.
Hi, If your grandfather is still alive then you have no right over that property, Suppose if your grandfather died then all the legal heirs have equal right over the properties including his daughter.
2. In the share of your father you have equal right i.e 1/5 th share.
can i file a suit for my share even if all others have divided among themselves without my signature what happens when i file a case aganist them and when should i file such suit
Asked 8 years ago
can i file a suit for my share even if all others have divided among themselves without my signature what happens when i file a case aganist them and when should i file such suit
Asked 8 years ago
Yes you can file a suit seeking partition and separate possession of a legitimate share as per your entitlement out of your father's share in it.
You file the partition suit through an advocate.
You can file the same even now
Your signature is necessary in deed of family partition
Yiu can file suit to claim your share in family property and for setting aside partition made without your consent
If the brothers have divided the property among themselves without your consent then you have to challenge the instrument of division executed by them. File the suit at the earliest lest limitation comes into play.