We want to share property whether daughter will get share or not. And how to give legal notice of partition suit.
2 years ago
Hello Sir/ Ma'am,
Myself Dhanalakshmi from Hyderabad, we are total 7 family members.
Father : Expired 1998
Mother : Alive
2 Sons + 3 Daughters ( Among them me Dhanalakshmi)
We have 1 house + 4 acres of land.
All the property self owned/ made by my father in 1980's, later after death all transferred to my mother in 2017.
Now we want to share property whether daughter ( Dhanalakshmi) will get share or not.
And how to give legal notice of partition suit.
Please reply
A.Dear client,.
Assuming that your father dies intestate, not keeping any will, all of you have the right to the property.
No one can exempt you from the same.
For partition suit, file the same by contacting a civil lawyer within the stipulated time.
Thank you
Assuming that your father dies intestate, not keeping any will, all of you have the right to the property.
No one can exempt you from the same.
For partition suit, file the same by contacting a civil lawyer within the stipulated time.
Thank you
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A.Hello Client,
As you have not mentioned clearly that whether there is a will or not which states that after your father's demise the property would be transferred to only his wife, I am answering for both circumstances.
Firstly, if there is no will present then after the demise of your father, you, your siblings and your mother have equal rights over the property. you may obtain legal heir certificate stating the same and you are entitled to have or demand your share of the property.
Secondly, if the property is in your mother's name by law then you can file a suit for partition before the court for your share in the property. but if you don't file any suit and if there is no will present which states that you are excluded or daughters are excluded then after your mother, the property will naturally be inherited by you and your siblings as all of you are natural heirs.
Thank You.
As you have not mentioned clearly that whether there is a will or not which states that after your father's demise the property would be transferred to only his wife, I am answering for both circumstances.
Firstly, if there is no will present then after the demise of your father, you, your siblings and your mother have equal rights over the property. you may obtain legal heir certificate stating the same and you are entitled to have or demand your share of the property.
Secondly, if the property is in your mother's name by law then you can file a suit for partition before the court for your share in the property. but if you don't file any suit and if there is no will present which states that you are excluded or daughters are excluded then after your mother, the property will naturally be inherited by you and your siblings as all of you are natural heirs.
Thank You.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.After your father's death without having any Will,his property has been devolved upon widow and five children,each having undivided one-sixth share therein. It was necessary to apply for Legal Heir Certificate to mutate the names of six legal heirs and heiresses of your deceased father in the Record of Rights in the place and stead of your deceased father. You have not explained how after your father's death his property had been transferred to your mother, because in absence of any Registered Deed of Transfer so to be executed during the lifetime of your father or any probated Will, your mother is only entitled to one- sixth undivided share.
You are entitled to give notice for Partition of your undivided one-sixth share in registered manner within stipulated period and in default to file Partition Suit praying for Declaration, Injunction against transfer,status quo for not to change the nature and character of the property and Partition.
A Lawyer having expertise can always guide you regarding that Notice.
You are entitled to give notice for Partition of your undivided one-sixth share in registered manner within stipulated period and in default to file Partition Suit praying for Declaration, Injunction against transfer,status quo for not to change the nature and character of the property and Partition.
A Lawyer having expertise can always guide you regarding that Notice.
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A.Hi,
You have the right in his property if he did not make any will as to how his property should be transferred after his death. In that case, each one of you has equal rights and gets equal shares.
Please rate my answer
Thank You
You have the right in his property if he did not make any will as to how his property should be transferred after his death. In that case, each one of you has equal rights and gets equal shares.
Please rate my answer
Thank You
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
If your father did not make any will, i.e, if he died intestate, you all have right in his property. You have the right to get your share and daughters and sons have equal rights to the father's property.
Please rate my answer
Thank You
If your father did not make any will, i.e, if he died intestate, you all have right in his property. You have the right to get your share and daughters and sons have equal rights to the father's property.
Please rate my answer
Thank You
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