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family property dispute over grandfather's propertyfam


11-Oct-2023 (In Family Law)
I am a married daughter have mother and two elder brother my father was expired 16 month ago he was not done any will. Now my brothers not agree to give property share equally.my mother support to them . my one elder brother son is now 14 years and they say filing case to get grandfather property for this dispute varsa has been not done till now in this situation what can i do please suggest.?
Answers (3)

Answer #1
786 votes
With respect to your case, as a daughter, you have a right to share in the property.
The legal position is,
With respect to a Hindu family governed by Mitakshara law, a daughter would have a right in the ancestral property inherited by the father
Sons and daughters have property rights only on the properties that have devolved upon their father and become ancestral property in the father’s hands.
If your brothers do not agree for sharing, you have to move the jurisdictional court to get your share.
If you are in Bangalore, we can legally assist you.
Dr Gubbi, Counselor & Advocate, Bangalore
Answer #2
514 votes
Dear mam.

Daughters are entitled for equal share in the property. So you can file a partition suit against your brothers and claim equal rights in the property. So please go ahead and claim the same.
Thank you.
Answer #3
910 votes
During the life time of your father there is no partition amongst the family members then being a legal heir you can get share in the share of your father. When your brothers denying your share, you have no other way except filing a suit against your other legal heirs of your father for partition and seperate possession

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