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Legal rights in father property after unexpected demise and no will prepared
3 months ago
After unexpected demise of the father, my mother intends to transfer all of my father's property to my sister, disregarding me and my brother. Seems my brother has no any objection here. There was no will prepared by my father. What are my legal rights in this case and what should I need to do here?
A.Dear Client,
You have the right to claim an equal share in the intestate property of the deceased father. Your mother can transfer her own share in the said property to her daughter. To obtain an equal share in the said property, you have to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Additionally, you have to file a suit for partition under Sec.54 of CPC before the Civil Court praying for a decree of partition of the said property. You may opt for our paid consultation service to navigate the matter in the right way.
You have the right to claim an equal share in the intestate property of the deceased father. Your mother can transfer her own share in the said property to her daughter. To obtain an equal share in the said property, you have to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Additionally, you have to file a suit for partition under Sec.54 of CPC before the Civil Court praying for a decree of partition of the said property. You may opt for our paid consultation service to navigate the matter in the right way.
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A.Dear Client,
In the absence of a will, the distribution of your father's property would typically follow the laws of intestate succession in your jurisdiction. These laws determine how the estate of a deceased person is distributed among their legal heirs. The specific rules can vary based on the legal system in place in your country or region.
Generally, in the case of intestate succession, the surviving spouse and children are considered legal heirs. The distribution may differ based on the number of surviving children, whether the deceased had any living parents, and other factors.
Since your mother intends to transfer all of your father's property to your sister disregarding you, it's important to consult with a legal professional to understand your specific rights based on the laws applicable in your jurisdiction.
Here are some general steps you may consider taking:
1. Consult with a Lawyer:
Seek advice from a lawyer who specializes in family law or estate planning. They can provide guidance on your rights and the legal options available to you.
2. Understand Intestate Succession Laws:
Familiarize yourself with the laws of intestate succession in your area to understand how the estate would be distributed in the absence of a will.
3. Negotiation and Mediation:
Consider discussing the matter with your family, including your mother and sister. Sometimes, disputes can be resolved through negotiation or mediation.
4. Legal Action if Necessary:
If you believe your legal rights are being violated, you may need to consider legal action to protect your interests. Your lawyer can guide you through the appropriate legal process.
It's important to act promptly and seek legal advice to ensure that your rights are protected. Laws can vary, so consulting with a local legal professional will provide you with the most accurate guidance based on your specific situation.
In the absence of a will, the distribution of your father's property would typically follow the laws of intestate succession in your jurisdiction. These laws determine how the estate of a deceased person is distributed among their legal heirs. The specific rules can vary based on the legal system in place in your country or region.
Generally, in the case of intestate succession, the surviving spouse and children are considered legal heirs. The distribution may differ based on the number of surviving children, whether the deceased had any living parents, and other factors.
Since your mother intends to transfer all of your father's property to your sister disregarding you, it's important to consult with a legal professional to understand your specific rights based on the laws applicable in your jurisdiction.
Here are some general steps you may consider taking:
1. Consult with a Lawyer:
Seek advice from a lawyer who specializes in family law or estate planning. They can provide guidance on your rights and the legal options available to you.
2. Understand Intestate Succession Laws:
Familiarize yourself with the laws of intestate succession in your area to understand how the estate would be distributed in the absence of a will.
3. Negotiation and Mediation:
Consider discussing the matter with your family, including your mother and sister. Sometimes, disputes can be resolved through negotiation or mediation.
4. Legal Action if Necessary:
If you believe your legal rights are being violated, you may need to consider legal action to protect your interests. Your lawyer can guide you through the appropriate legal process.
It's important to act promptly and seek legal advice to ensure that your rights are protected. Laws can vary, so consulting with a local legal professional will provide you with the most accurate guidance based on your specific situation.
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