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Can I file case against my brother for share in my father's property?


27-Jan-2023 (In Property Law)

I have one brother and my father is died my brother not given any asset to me Iam married so can I case against him My father have two wife's first wife no children second wife have two children me and brother I need put case on my brother my property rights How can proceed on this case I want my share from my father property

Answers (3)

Answer #1
861 votes
Yes you can file a case for partition of father property equally .here we need to know wether the property is purchased by your father or inherited property . once after going through your documents we can to conclusions.
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Advocate Syed Yakoob Zainulabedin

Adv. Syed Yakoob Zainulabedin

LawRato Hyderabad | 5+ Answers
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Answer #2
692 votes
Is the property acquired by your father in his life time ? If it is acquired by your father and your father did not execute any will, then you have right over the property up to the extent of your share, by filing a case for the share of your property. If the property is acquired by your fore fathers i.e., from your grand father (ancestral property), you have a right over the same and can file a case for the share of your property.
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Advocate Sheik Madeena Valli

Adv. Sheik Madeena Valli

LawRatoVisakhapatnam | 25+ Answers
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Answer #3
838 votes
Hi In absence of children to the first wife of your father, you and your brother will be legal heirs to your father. However if your father did not divorce his first wife, before marrying your mother, then she will also be eligible for a share of your father's property. if this is the case, then you, your brother and your father's first wife will be the legal heirs of your father. Kindly also check whether your father left behind any will or gift deed in favour of your brother so that you are double safe before filing a suit on your father's property
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Advocate Rajagopalan

Adv. Rajagopalan

LawRatoHyderabad | 25+ Answers
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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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