How can i get my share in parents property from them?

656 votes

Pls let me known which faith you follow. As there is different law applicable and governed for distribution of the ancestral property.
Presuming you belong to Hindu community, and to you Hindu law applicable.
As per Hindu Law and Latest Judgment of Bombay High Court, each and every legal heirs are entitled for eaqual share in the ancestral property in equal proportionate.
Even though property stand in the name of the one person, and/or property transfer in one person name. such person is trustee for other legal heirs.
As per Mitakshara School of Hindu law, even un born procure rights in the ancestral property, in Dayabhaga Schools of Hindu Law, the unborn child doesn't procure right.
therefore you have right to seek partition in the ancestral property.
Presuming your are belonging to momedian, in that case all mother's/wife of father are/ is entitled for 12.50%, son's entitled for 2 shares and daughter 1 share in proportionate.
Example:- father died leaving 2 wives, from 1st Wife from 1 son and 2 daughter and from 2nd wife 2 daughter and two son's.
the property required to divided as follows:-
both wives 12.5% share in deceased property.
now count the total number of share legal heirs, so it became 2 sons and 4 daughter's.
2 sons will have 4 share and daughter 4 daughter's will have 4 share.
the said share is after division of the wives share in the property i.e. 12.5%
thereafter property 87.5% shall be divided in to 8 share's out of which 4 share's will go to son's, in equal proportionate and 4 daughter's will get 4 share's in deceased property.

LawRato LawRato

751 votes

Hello,
As far as ancestral property is concerned you can raise your claim by initiating a partition suit in City Civil Court. But for self acquired property of your parents, they have every right to deal with the said property as per their wish.

Advocate Purvi Shah LawRato