Parental property
3 years ago
We have four childs.three brother and one sister. I have lost my father and mother both in car accident . I'm younger one these of four.
After the death of my parents my two brothers took their jobs . After the death of my father please let me know the property of my parents is mine.
DHANALAKSHMI KRISHNAIYER
Responded 3 years ago
A.In the absence of a Will, the inheritance of property shall be as per Hindu Succession Act, 1956. Please see the Hindu Succession Act (amendment) 2005 and also look up the recent judgement of Supreme Court of Aug 2020 that speaks about equal rights of daughters conferred upon them by S.6 of the said Act.
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Adv. Sarika Khude
Responded 3 years ago
A.file partition suit for your property rights
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Rameshwar Dadhe
Responded 3 years ago
A.you will need to file partition suit for your property rights
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Fareed
Responded 3 years ago
A.Inheritance is the practice of transferring property, titles, debts, rights, and obligations to the legal heir of a person upon the death of that person either by way of ‘Will’ or through the prevalent laws of succession. The regulatory laws of inheritance differ among societies as per their religion and have revolved over time.
In case a deceased owner of the property does not leave behind a will, the legal heirs will inherit the assets as per the provisions of the Hindu Succession Act, 1956 in the prescribed order. However, only the male heir has a right to divide the property and the female heir cannot call for a partition.
In the case of Muslims, inheritance laws are governed by personal law. When a man dies, both males and females become legal heirs, but the share of a female heir is typically half of that of male heirs.
In case a deceased owner of the property does not leave behind a will, the legal heirs will inherit the assets as per the provisions of the Hindu Succession Act, 1956 in the prescribed order. However, only the male heir has a right to divide the property and the female heir cannot call for a partition.
In the case of Muslims, inheritance laws are governed by personal law. When a man dies, both males and females become legal heirs, but the share of a female heir is typically half of that of male heirs.
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A.Dear Sir,
You will get ¼ the share as per following provision of law. If not giving then file partition suit. Please give me Rank 5 if you feel my answer helped you.
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Section 8 in The Hindu Succession Act, 1956
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
Class I heirs are sons, daughters, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son.
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PRAYER
WHEREFORE, the plaintiff prays that this Hon’ble Court may be pleased to pass an judgment and decree in favour of the plaintiff and against the defendants as follows.
a) Directing the defendants to effect partition of all the suit schedule properties by metes and bounds and put the plaintiff in possession of 1/5th
b) For grant of costs of the suit and such other relief’s as this Hon’ble Court may deems fit under the circumstances of this case, in the interest of justice and equity.
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APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, 1908
For the reasons stated in the accompanying affidavit it is humbly prayed, to restrain the respondents from alienating the suit schedule properties, till the disposal of this appeal, in the interest of justice and equity.
Plaintiff
Through
Advocate
You will get ¼ the share as per following provision of law. If not giving then file partition suit. Please give me Rank 5 if you feel my answer helped you.
========================================================
Section 8 in The Hindu Succession Act, 1956
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
Class I heirs are sons, daughters, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son.
=======================================================
PRAYER
WHEREFORE, the plaintiff prays that this Hon’ble Court may be pleased to pass an judgment and decree in favour of the plaintiff and against the defendants as follows.
a) Directing the defendants to effect partition of all the suit schedule properties by metes and bounds and put the plaintiff in possession of 1/5th
b) For grant of costs of the suit and such other relief’s as this Hon’ble Court may deems fit under the circumstances of this case, in the interest of justice and equity.
================================================================
APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, 1908
For the reasons stated in the accompanying affidavit it is humbly prayed, to restrain the respondents from alienating the suit schedule properties, till the disposal of this appeal, in the interest of justice and equity.
Plaintiff
Through
Advocate
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.U r eligible for 1/4 th part of the property.
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