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Can one heir be forcibly evicted by the other heir without legal process
5 months ago
A father has a self-acquired house and has three children, two boys and a girl. The father had died a long time ago when all three children were minors. Can the above daughter be forcibly evicted from her father's house by her real brother without legal process? If not, please provide any legal section and ruling in this regard.
A.Dear Client,
After amendments were made in 2005 to the Hindu Succession Act, 1956, women/daughters were given the same right of inheritance as that of a son to their ancestral property and self-acquired property irrespective of their marital status. If your deceased father left the immovable property intestate i.e, without any will, then all the surviving legal heirs are entitled to an equal share in the said property of the deceased owner. A daughter is a legal heir and equally entitled to claim a share in the self-acquired property of her father along with her siblings. To obtain a share in the said property, a daughter has to obtain a legal heir certificate from the concerned Municipal Authority or Tehashildar and need to file a partition suit before the Civil Court praying for an order or decree of partition of the said property among the surviving legal heirs of the deceased owner who left it intestate. Accordingly, on the basis of said order of partition, a deed of partition would be registered in the office of the Registrar or Sub-Registrar, and all the surviving legal heirs shall acquire an equal share in the said immovable property of the deceased father. Reach out to an Advocate for guidance and steps.
After amendments were made in 2005 to the Hindu Succession Act, 1956, women/daughters were given the same right of inheritance as that of a son to their ancestral property and self-acquired property irrespective of their marital status. If your deceased father left the immovable property intestate i.e, without any will, then all the surviving legal heirs are entitled to an equal share in the said property of the deceased owner. A daughter is a legal heir and equally entitled to claim a share in the self-acquired property of her father along with her siblings. To obtain a share in the said property, a daughter has to obtain a legal heir certificate from the concerned Municipal Authority or Tehashildar and need to file a partition suit before the Civil Court praying for an order or decree of partition of the said property among the surviving legal heirs of the deceased owner who left it intestate. Accordingly, on the basis of said order of partition, a deed of partition would be registered in the office of the Registrar or Sub-Registrar, and all the surviving legal heirs shall acquire an equal share in the said immovable property of the deceased father. Reach out to an Advocate for guidance and steps.
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