Hindu Succession Act

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 (3)

176 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.

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181 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.

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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

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