Can I ask my right in my Father's property
2 years ago
I am widowed 20 years back. My father died in December 2020, can I ask my right in father's properties, which my 2 brothers have distributed among themselves.
A.Dear Madam, You are entitled for equal share along with your brother's. you may get issue a legal notice and then file a partition suit in meanwhile file a maintenance case against them as they are supposed to maintain you till your remarriage.
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A.Yes you can ask and after amendment of 2005 in the properties law you have all the more rights to ask for your rights in the property which belonged to you father. You can send a legal notice asking your brothers to share the details and partition the accordingly else you can file a case for partition in a civil court with the help if a civil lawyer.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Aap hindu suecssion act ke anusar father ke dawara ki arjit ki gai us property me share claim kar sakte hai jo ki sirf residential property hai. Kyonki daughter ko sirf residential property me right hai. Aap agriculture property me koi claim nhi kar sakte hai.
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Rajinder Pal Singh
Responded 2 years ago
A.All surviving legal heirs have equal rights in the property left by his/her parents, in case, he/she dies intestate. In case, any will is left by deceased and in case the same is registered, then things would go by will. So, you have got a case in case of intestate death of your father. Contact lawyer for further advice in the matter.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary on your part to send notice to your brothers for partition of your father's properties,then only you will be able to know whether there is any Will or registered Deed of Transfer in their favour executed by your father prior to his death or without any documentary support they are trying to deprive you from your father's property.
Please take note that if there is any Will,then at the time of making application for grant of probate,it is necessary to give you Notice and if your brothers suppressed your existence before the Court of Law,then you having caveatable interest have every right to file application in that Probate proceedings praying to join therein as necessary Party to challenge that Will.
Please further take note that if there is any registered Deed of Transfer executed by your father prior to his death in favour of your brothers, then it is necessary to check the authenticity of that document/s by applying for certified copy/ copies of the same from the concerned property registration office.
If these properties devolved upon your father being unpartitioned for last four generations,then your father was not entitled to deprive you from those ancestral properties,otherwise these properties being self acquired in nature,your father can give it to any person of his choice.
Please take note that if there is any Will,then at the time of making application for grant of probate,it is necessary to give you Notice and if your brothers suppressed your existence before the Court of Law,then you having caveatable interest have every right to file application in that Probate proceedings praying to join therein as necessary Party to challenge that Will.
Please further take note that if there is any registered Deed of Transfer executed by your father prior to his death in favour of your brothers, then it is necessary to check the authenticity of that document/s by applying for certified copy/ copies of the same from the concerned property registration office.
If these properties devolved upon your father being unpartitioned for last four generations,then your father was not entitled to deprive you from those ancestral properties,otherwise these properties being self acquired in nature,your father can give it to any person of his choice.
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A.Hi,
If the father left a will giving property to your two brothers then you cannot contest it. However, if he died intestate that is without a will then you are also a Class 1 heir along with your brothers and you have a right to inherit the property.
If you find this answer helpful please rate my answer. Thank You.
If the father left a will giving property to your two brothers then you cannot contest it. However, if he died intestate that is without a will then you are also a Class 1 heir along with your brothers and you have a right to inherit the property.
If you find this answer helpful please rate my answer. Thank You.
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