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How can the share of property claimed if father died intestate


06-Jan-2023 (In Property Law)
I belong to a Hindu family. My father passed away due to heart attack therefore he couldn't make a will at that time I was 10 year old. Im now 35 year old residing with my mom and younger brother. I want my share to which my mom agreed but my brother is stubborn not willing to sell our house. Pls do let me know what can be done as I don't want to harm or kill him and spend rest of my life in jail.
Answers (3)

Answer #1
560 votes
Sir,
U hv a legal right for ur share of ur father property ..For that u hv to file suit for declaration , permanent injunction and partition against your brother ,sister n mother ..
U ll definitely get ur share
Answer #2
873 votes
Your mother can gift it to you. First you need to take legal heir certificate from the court of law and based on that you can incorporate you name in the record of right and then divide it as per wish.
Answer #3
507 votes
As per hindu succession act 2005 sec 6 (1) If father father died before 20 dec. 2004 Doughter also liable to get equal share same rule for dweller

U r entitled to 1/3 share; balance 1/3 each to mother and other brother respectively. Regards Adv Krupa Sawant

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