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Being a daughter can I file for partition again not received my share


03-Dec-2023 (In Property Law)

My father before has expired intestate, we are four brother and one sister , my father has nominated only four brothers as a nominee and my name has not being included , My brothers sold the property and distributed among themselves . This came to light after six years , so can I pray for the repartition and claim for the share.

Answers (3)

Answer #1
858 votes
Dear Mam,

Is the said property inherited or self purchased by your late father.

If it is the inherited property then you can claim for right through partition.

If it is the self acquired property of your late father then he can nominate the name of the person to whom he wishes to give the property. In that case you cannot do anything.

Also is there any Will that is made. If there is no Will then you can challenge.

Kindly contact the local lawyer who can assist you over the same.
Answer #2
670 votes
yes you can file a suit for partition and set aside the sale dded of the property. as a daughter you have equal share in the property of your father. Further, the sale deed executed by your brother without your consent is also illegal.
Answer #3
703 votes
This is wrong you cannot I pray for the re partition and claim for the share. You can claim your respective share form your four brothers by filling suit or you are having power to cancel the register the dispute property agreement because your signature i.e in respective of your share is not their.

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