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Roy
4 years ago
Respected sir,
My father passed away one year after. He was an x service man. After his retirement a house has billed for resident by my fathers earned money. We're two sisters and one brother all are unmarried and age up then 25.at president days my mother and brother together wanted to drived away from the house.. They just want to exclude us from the house.. In this situation can we claim to sold the house and distribut the equal share among us. Is it possible, with out ours mothers will can we able to file partition suit against my mother and brothers wish.. Please give me the solution...
A.Dear Madam,
All of you get equal share as per following rule of law and accordingly you can file a suit for partition and get a share as well as restrain others from selling the property.
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Section 8 of Hindu Schedule Act the wife is entitled as follows:
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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;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
Thanks.
All of you get equal share as per following rule of law and accordingly you can file a suit for partition and get a share as well as restrain others from selling the property.
======================================================================
Section 8 of Hindu Schedule Act the wife is entitled as follows:
====================================================================
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;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
Thanks.
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Sayaree Ganguly
Responded 4 years ago
A.Dear Client,
If your father has made a will before his death then the property shall be bestowed according to that. In case he has not done that, the property shall be divided equally among all his children and his wife. Try to get the succession certificate for the property and thereafter file a partition suit for yourself and your sister.
Thanks.
If your father has made a will before his death then the property shall be bestowed according to that. In case he has not done that, the property shall be divided equally among all his children and his wife. Try to get the succession certificate for the property and thereafter file a partition suit for yourself and your sister.
Thanks.
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Shreyash Mohta
Responded 4 years ago
A.If your father has died intestate. i.e without making a will then all the legal heirs shall have equal claim. In such a case even the sisters have a right to the property [of it being ancestral in nature].
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