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Legal heirs Property for a daughter Legal heirs Property for a daughter

7 months ago

My father died in 2016 and after that i got married in 2019 My mother with the help of her mother and brother in law got me married and now i want a share in the property which my father aquired what should i do

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
After the amendment of the Hindu Succession Act in 2005, both sons and daughters even married were given equal rights to claim a share in the property of their deceased father who left it intestate. So, to obtain a share in the intestate property of your deceased father, you need to file a suit for partition before the appropriate Civil Court having jurisdiction over the suit property. Consult with an Advocate practicing civil cases for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 7 months ago

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A.Dear Client,

The Hindu law states that the daughters and sons have equal rights on father's self-acquired property and also on ancestral property irrespective of their marital status. If your father did not leave a will, the distribution of his property would be governed by the applicable succession laws. Ensure that you have all relevant documents, including your father's property records, death certificate, and any other relevant legal documents, as these will be crucial in establishing your claim.

You may need to apply for a succession certificate through the appropriate legal process to establish your right to a share in your father's property. A succession certificate is issued by the district judge of the relevant jurisdiction. To obtain a succession certificate, a petition should be prepared and filed in the relevant district court. The relevant jurisdiction of the district court for filing a petition for obtaining a succession certificate would be where the deceased person ordinarily resided at the time of his death. If no such place is available, the relevant jurisdiction would be within which any property belonging to the deceased may be found.
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