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father's property father died without a will


05-Apr-2023 (In Property Law)
My father died without making a will.Now my mom and my elder brother are torturing me and my wife. Can I claim my right in this property by filing a suit against them? I just want my share and want to live peacefully separate.
Answers (2)

Answer #1
509 votes
Yes, You can file suit for partition against them for partition of ancestral property. By filling suit you can get separate share in that property.You can file suit in a jurisdiction of court where that property is situated.
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Answer #2
902 votes
Dear Querist, you file a partition suit. Or get a succession certificate from a competent court. Your brother and mother would come for settlement. It is never suggested to go court. Try to sit with elders and other respected members of society and solve amicably. Regards. Rakesh V. Misar
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