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How can I claim share in my father's property
03-Jun-2023 (In Property Law)
My father was expired 1 year back without writing any will. My mother is there and we are 3 children 2 male and 1 female. We four are decided to sell whatever property is there on my dad's name and take equally. Now things got change and my elder brother got separated from family and staying induvial leaving my mom alone at home. I stay in Hyderabad as a employee . we three are married only. My father orally gave us some responsibilities which my brother not ready to take . He is only looking at his share and denying to give share to my sister and mother too. Could you please advice
you have apply for legal heir certificate, if your father is government employee the legal heir certificate will issued by mro. in case of your father is not government employee you have file case for legal heir certificate in the court. you all to share your fathers debts and if he denies, you sold the property and pay the debts and remaining of his share keep in the bank, if he files a case you can can give him the remaining amount by stating these above things.
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Adv. S.Malla Reddy
Hyderabad | 100+ Answers
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In the absence of any will, the property of a deceased devolves upon his successors i.e. your mother and 3 children. As far as the share of each party is concerned the same is based on the religion that you belong to. We can affect a partition based on partition deed (if all parities agree) or by filing a suit for partition (if they are disputes)
The obligations shall also be shared and if any amount is already expended, the same can be claimed. If the partition is not possible owing to several reasons, the property will be auctioned and the share of each party will be given individually.
The obligations shall also be shared and if any amount is already expended, the same can be claimed. If the partition is not possible owing to several reasons, the property will be auctioned and the share of each party will be given individually.
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Yes you can divide your family property equally if there is no will.if you belong to Hindu community then you can divide equally if u belong to Muslim community then 2 share go to male child one share to female child.
So u are 3 brother and 2 sister .mother alive then it will be according to it
So u are 3 brother and 2 sister .mother alive then it will be according to it
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Adv. Syed Yakoob Zainulabedin
Hyderabad | 100+ Answers
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you can claim your share by filing a partition suit all the members having one share but 2nd wife have no right claim the share but her children have right. all the family members get each of them one share including your father and mother also but the 2nd wife have not right.
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Adv. Prabhuswamy
Bangalore | 25+ Answers
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Is the property a self acquired property of your father or an ancestral property.
If it is a self acquired property, your father can choose who he wants to transfer the property to and you have no say in it
If it is an ancestral property, you are a legal heir and have a right over your share of the property. In such a case, you can move the court to claim your share of the property and get an injunction against your father to prevent him from creating third party rights.
If it is a self acquired property, your father can choose who he wants to transfer the property to and you have no say in it
If it is an ancestral property, you are a legal heir and have a right over your share of the property. In such a case, you can move the court to claim your share of the property and get an injunction against your father to prevent him from creating third party rights.
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Adv. Prerana R Saraf
Mumbai | 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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