Share in father's property
5 years ago
My father died this January without a will of his bank balance and house. Both my brothers are saying I have to share my father's medical bill then as a daughter I can claim my father's property. Please advice.
A.Dear Sir,
You need not share such bills, you are entitled for equal share as per following section.
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Section 8 in The Hindu Succession Act, 1956
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
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AdvocateKhoj
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Hindu Succession Act
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Daughter
Widow
Mother
Son of a predeceased son
Daughter of predeceased son
Widow of predeceased son
Son of a predeceased daughter
Daughter of predeceased daughter
Son of predeceased so of predeceased son
Daughter of predeceased son of a predeceased son
Widow of predeceased son of a predeceased son
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You need not share such bills, you are entitled for equal share as per following section.
===============================================================================
Section 8 in The Hindu Succession Act, 1956
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
==========================================================================================
AdvocateKhoj
Login : Advocate | Client
Hindu Succession Act
Class Ist Heirs
Son
Daughter
Widow
Mother
Son of a predeceased son
Daughter of predeceased son
Widow of predeceased son
Son of a predeceased daughter
Daughter of predeceased daughter
Son of predeceased so of predeceased son
Daughter of predeceased son of a predeceased son
Widow of predeceased son of a predeceased son
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Sayaree Ganguly
Responded 5 years ago
A.Dear Client,
If your father died without making a will , you have right in your father's self acquired property. You can file a suit and claim your share.
Thanks.
If your father died without making a will , you have right in your father's self acquired property. You can file a suit and claim your share.
Thanks.
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Himanshu Mahajan
Responded 5 years ago
A.It is not necessary that you need to pay your share in the medical bill then only you can claim your share in your father's property. What you need to do is send a legal notice to your brothers and thereafter if they are not ready to give you your share then you will need to file a suit for partition and succession in the appropriate court of law to claim your share in your father's property and money in his bank, respectively.
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Shreyash Mohta
Responded 5 years ago
A.Even if you don't share you have the right to claim your share in your fathers property. Do not worry. If they do not give you your right in the share then send them a legal notice for the same and if in case they do not comply with the same you can always file for a partition suit and get your share in the property.
Before that do make a succession certificate. So that you don't have any problems in future.
Thanks
Shreyash Mohta
Before that do make a succession certificate. So that you don't have any problems in future.
Thanks
Shreyash Mohta
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Sunil Kumar Singh
Responded 5 years ago
A.Get Succession
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Sushama
Responded 5 years ago
A.Hello
You can file a case in the civil court senior division for your share in the property belongs to your died father
You can file a case in the civil court senior division for your share in the property belongs to your died father
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