LawRato

am I eligible for claiming rights on my father's property


01-Jan-2023 (In Property Law)
I got married in 1979, my father died in 1994. After that my brother occupied the entire property. I need to know if I can claim title on the property possessed by my father now? We are hindu.
Answers (3)

Answer #1
791 votes
if your father died without having a will in his name then you are entitled to claim the property. however, if your father died while having a will in place then things will unfold as per the will.. however if your brother after the death of your father took over all the properties in the name of your father since the year your father died then you can file a suit for declaration.
Helpful? LawRato LawRato
Answer #2
756 votes
If your father passed away intestate, i.e. without executing a will in respect of the property, then each son of your father would receive equal share. If your mother is alive, even she will get an equal share in the property.
Helpful? LawRato LawRato
Answer #3
929 votes
You can claim all properties except domestic house.But you can't get equal share compare to your father in that properties. Therefore now you can file civil suit in court and also take temporary injunction to not to alienate that properties.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."