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What is the right of brother and sister in fathers property


27-Nov-2023 (In Property Law)
Our father purchased 2 apartments (now converted to one) in year 1992 and 1995 in his HUF. We are 2 Brothers (me being the eldest)+ 2 sisters (Both married in 1991 and 1994) Father expired in 2001. Having cordial relation in family, I allowed my brother to manage the HUF of our father. In year 2006, we had differences and I left the house without any settlements and receiving the share of property. Having a feeling that the differences would be resolved amicably, I did not take any legal support till date. All polite attempts have failed. Question : 1. Whether I still have the right to get the share of subject property taking a legal action. 2. Whether my sisters also have any right in the said property. 3.Suggest us Lawyer for the subject matter. Thanks/V K Jain
Answers (3)

Answer #1
633 votes
Yes, you have every right to claim your share in the property. As per your explanation of the case facts, I come to the conclusion that you will get 50% share in the property. Your sisters cannot claim to have any right in the property.

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Answer #2
923 votes
Mr. Jain,
Being undivided property, all the 4 heirs have a share in your fathers property including your sisters. You can take legal action against the others seeking division in the property demanding your separate share.
Answer #3
924 votes
Dear Sir,

You still have a share in the property equal to that of your brother. On the other hand, your sisters may have share in the property which would be minimal.
We also need to know if your mother is alive to know the exact shares in the property.

Please feel free to get in touch for any queries and clarifications.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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