How can I claim share in father's property

858 votes

If your father died without a will, you can claim your share in all the shops and houses. It does not matter that who is living in which house or shop. Even a long user also does not give your brothers any special right. You go for a civil suit for partition and injunction.

Advocate J K Agrawal LawRato

890 votes

Dear sir as per your question and acording to law this matter govern to partition of huf propery and hindu sucssetion act so without all document and evidence exmine i cant properly suggest you because all property name of your father at present actual owner of your father so without all papers i cant suggest you

Advocate Chandrhas Singh LawRato

518 votes

As per your questing you can file a partition suit in civil court and get the position you will get the right with equal share because your fathers property and you having share in that property nothing to worried just file a partition suit approximately time taken 8 months to 1 year

Advocate Mir Mansoor Ali LawRato

562 votes

Sir/Madam
1. In the instance , your advised to discuss the issue with family members and settle in a amicable way.
2. In absence of property details , assuming that the property is self acquired by your father and it is his wish to give any member/person.
3. Since the properties purchased by your brother out of the income generated from the family properties then you need to prove the same.

Advocate Krishna Murthy Pasupula LawRato

855 votes

You didnt stated whether your father is alive ? Proper information is not provided as to whom the business belongs to, is it a joint family property or otherwise,etc. Your going away and returning does not assume significance nor disentitle you from claiming a share.

LawRato LawRato

902 votes

First of all you should understand that the properties were not bought by you that you have any rights in it.
This probably was your grandfather's self acquired property and after his intestate death the same fell on your father as his legal heir or successor in interest.
Thereafter the property became your father's own and absolute property.
If your father has not made any arrangement or transferred any portion of property in your name or anyone's name, nobody in your family including your mother has any right to compel him to distribute any portion of property to yourselves as a right.
During his lifetime your father is sole and absolute owner of the property hence you cannot claim any share in it not only now but even after your younger brother attains 18 years of age.
It is purely discretion of your father to allot any share to you during his lifetime.

Advocate T Kalaiselvan LawRato

503 votes

You can not claim your father self acquired property. And your father has absolute right over it. He can give to anyone he desires during his lifetime either to you or to any third person and you can not question them. But you can claim equal share of your grandfather's property. and you will get a share in it after dividing it between your brother and sister. your father is the defacto guardian of your brother who is a minor. At this stage you may array to a peaceful settlement if your father agreeing for the same. If agreed, you may have an option of entering a settlement deed between your father,sister, Minor brother represented by your father and yourself.

Advocate GP Vijay LawRato

568 votes

You have right in your ancestral right property only, your minor brother also having right in Ancestral property . Your sister also having right in her ancestral property, but You have No right to ask your father's self earned property,

Advocate R Jayakumar LawRato