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Hindu Succession Act


01-Sep-2023 (In Property Law)

Sub: Recovery of Assets from rest of family member This is to bring to your kind notice that my father expired 01.04.2015 on & my mother expired on 27.07. 2013 We are together totally 5 brothers & Sisters. My younger brother living with my father since last 20 years and i living separately since last 20 years. 1. Sister (Married living Separately in India) 2. Sister (Married living Separately In USA) 3. Myself 4. Sister(Married living Separately in USA ) 5. Brother younger brother living jointly with my father because of that he is deny to giving any share from my father's property

Answers (4)

Answer #1
693 votes
Sir, the nature of the property will be an important factor in determining your share in it. Another important factor will be whether or not your parents left any wills behind dealing with the properties. Once these aspects are known an assessment may be made
Answer #2
853 votes
In case your father's property was self-acquired, and he left the same to your brother as per his will, you are not entitled to any share in it. However, you will be entitled to share in the property in the following two circumstances. 1. The property was ancestral property, in which case you will be entitled to undivided share in the property and, even if there is a will, the same cannot apply to ancestral property. 2. The property was self-acquired but there was no will, in which case you, along with all your siblings, being the legal heir of your father, will have an undivided share in the property. In either of the cases, file a suit for partition to claim your share in the property.
Advocate Mishika Singh

Adv. Mishika Singh

LawRato Delhi | 5+ Answers
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Answer #3
845 votes
in the matter you along with your brother and sisters are being first class hair of your deceases father and have equal rights in the property after his death. if the property is self acquired property which is left behind without any will or similar document or if your father inherited the property from his forefather you along with other brother and sister have equal right in the property.
Advocate Yogesh Kumar Vidyakar

Adv. Yogesh Kumar Vidyakar

LawRatoDelhi | 5+ Answers
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Answer #4
883 votes
Yes hi first of all the will Can be challenge in the court and all u can tell the court that your are also a family Member and u want a share in the property as equal u may file the suit for th property for ur share and all u can also tell the court about the will and all
Advocate Yash Karan Jain

Adv. Yash Karan Jain

LawRatoDelhi | 400+ 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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