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Clarification on share of siblings over father's property
04-Mar-2023 (In Property Law)
I'm a Hindu. I'm the elder brother and have a younger brother and elder married sister. My father died 1980 and mother died 2017. In ancestral property there are 6 rooms. My younger brother possesses 3 rooms , I possess 2 and my mother possessed 1. After my mother,'so death my mother's room will be mine. So I and brother will have equal numberbof rooms in property. But my elder sister has locked mother's room and not giving me the key. What should I do?
As per the Hindu Succession Act 1956 and after the recent amendment, after your mother's demise, you, your brother and elder sister equally inherit the property and accordingly you all get 2 rooms each. Now try to do a mutual partition with your brother and sister, if not possible demand for partition through the lawyer's letter, then file the partition suit in the local civil court having jurisdiction. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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Legally you cannot do that as your elder sister is also entitled to the rooms of your ancestral property. If you move legally the you, your younger brother and your elder sister should possess 2 rooms each.
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Adv. Sreemon Bose
Kolkata | 200+ Answers
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