Brother & sister disowned in property by parents want to claim right

946 votes

First you have to check that what your parents followed complete procedure of disowned -
Mostly peoples do not follow complete procedure which includes filing a injunction suit in the court for granting disown decree from the court, if your parents have disowned you through court and court has granted disown decree to your parents then it is not possible to challenge it under any law and you can not claim for your share in their property.
But if your parents did not followed above procedure and just disowned you by publication in newspapers or by serving legal notice to you then you are not disowned from their property and you can claim for your share in all their movable and immovable properties by simply filing succession case and declaration suit.

Advocate Pankaj Agarwal LawRato

873 votes

Hi you can approach a lower court with jurisdiction for a letter of administration for getting you rights on the property as im assuming that you are the only one left to claim rights in the property.If the property is in posession of your brother and as you said he has been legally disowned then you will have to file a suit for posession and the Court will interfere to get you the same.And in case there is a will left by your parents in your favour then you will have to file a case for grant of probate in the Court.

Advocate Mayank Mishra LawRato

855 votes

First of all i want to know that u have been also disowned by ur parents or u still confer any rights over their property after that only I will be in a better position to answer ur query bcoz if u have been legally disowned by ur parents through their will or any disclaimer in local newspaper then u cannot claim any rights on their property, and if u have not been disowned then u can claim ur share in their property since now married daughter also have share in their parents property

Advocate Shikhar Vats LawRato