How can I claim share in our parents property

771 votes

That will depend on whether your parents left a Will ir not. If there is no Will, all children have equal share in the property. 20 percent share means only 10 percent each. I think it is worth fighting for.

Advocate Angad Mehta LawRato

666 votes

I hope that it is within your knowledge that upon your parent's death, the property devolves upon you, your brother and any other sibling you might have in equal proportions. That is to mean that in the absence of an agreement to the contrary and assuming you and your brother is the only legal heir, then you are entitled to half share in the property which, upon contesting the case, will eventually come in your hands (provided you have a good case on merits and your litigation is being handled properly). The choice of settling for 20 percent of the share is purely personal and may be made by you based on a number of factors including your chances of succeeding in your litigation. If you wish to know what are your chances of succeeding in your litigation which is currently pending, i suggest you seek appropriate consultation.

Advocate Puneet Kumar Agarwal LawRato

722 votes

No need to compromise. Each one of you have 33% share in the property if your brother is reasy to give even 30%. Then compromise . Your case is slready pending and suit for partition afterall will give you full share in the property

Advocate Sonia Sehgal LawRato

896 votes

Respected Sir/Madam,
You have not stated why your case was shifted from High Court to lower Court. I hope reason is New Delhi high court amendment Law amended by the law department this year.
you are three coparcener in this property. you all three coparcener have legal right. You should file partition suit. Now here is one question how to divide a flat which is not possible. in such case, we can offer to other members to give share of the said property as per market value in your prayer clause in partition suit.

Advocate Manish Kumar LawRato