What are the Women’s rights in partition of property?

Dear Sir,
You may just file a suit for partition through your power of attorney holder and thus you may get favourable order since nobody can deny that you are having a share in the properties left by your parents.

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Hello
If you have given your consent for issue of legal heir certificate in brother name ,for mutation of land and patta in brother name. Then you would not be entitled to claim any share in land and house. But if that has not been done, you could claim your share from property of your deceased father. You could do so by doing partition of the undivided property among all the legal heirs.
Thank You.
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A.Hello
The apex court had held that the daughter has an equal share of the father's property in her own right by birth. The judgement is welcomed by women across all quarters, as one of the biggest obstacles (the amendment date) to the gender equality movement is considered to have been thus cleared. After the death of your father your brother must have required of NOC from you and your mother that he could transfer all property in his name and you have no objection for the same. If you have signed that then you will not be able to claim otherwise you could cliam your share of the property.
Thanks.

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A.It is necessary on your part to send Legal Notice to your brother demanding partition of your undivided half share in your deceased parent's properties in registered manner within a period stipulated therein.

If your brother refuses or fails to do so then you have to file Partition Suit before the Court of Law under whose jurisdiction the properties or any of the properties situate along with Declaration for your half share and injunction.

In that Partition Suit,if at the first instance before the service of the process of Summons( Court's process) upon your brother, you through your Lawyer take an Order of Injunction restraining your brother till the disposal of the Partition Suit from creating any third party interest over those properties and also not to change the nature and character by making any construction thereon and to maintain status quo in the Suit properties,then
i) your brother will somehow compelled either to give you proposal to purchase your undivided half share, or
ii) if the Court of Law find that it is not possible to divide the properties then can Order for Sale of the properties and to divide the sale proceeds equally between you and your brother,or
iii) Your and your brother's share in those properties will be declared through Preliminary Decree and thereafter actual distribution of shares by metes and bounds will be done through Court appointed Advocate Commissioner and his report will be filed in Court and the Final Decree of Partition will be passed and after registration such Partition will be completed.

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A.It does not matter whether the flat is in different city but yes that might be giving an edge to him logistically. You can initiate the partition suit where the land is located as per Section 17 of CPC, the flat can also be included in the suit.

Section 17 of Code of Civil Procedure 1908
Section 17. Suits for immovable property situate within jurisdiction of different Courts.
Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts. the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate :
Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court.