How to claim share in father's porperty

857 votes

Hello Dear, First and foremost it is important to know if the property in which you are seeking share is an Ancestral property or a Self Acquired property of your father. In case it is an Ancestral property, you may file a suit for Partition in which case you will be required to implead all the legal heirs who might have equal share in the subject property. In case it is a Self Acquired property, it would be difficult to get any share in the property unless your father gives you that property by way of Will or dies intestate (intestate means if your father dies without a will) in which case the property will devolve as per the provisions of Hindu Succession Act on all the Class I Heirs of the deceased. Please note that you are a First Class Heir for the purpose of Hindu Succession Act and is entitled to equal share in the self acquired property if the above stated conditions exist. As far as the institution of the proceedings in a competent court is concerned, considering your financial position, you may approach the Delhi District legal Services Authority/ High Court Legal Services Authority whichever is applicable. This way you will not be spending any amount in pursuing the matter. The above stated opinion is being rendered on the basis of the limited information provided. Regards,

Advocate Tanmay Yadav LawRato

904 votes

Hi..good evening.. You can get your share in property of your father through filling a suit of partition in concerned court if that property is an ancestral property not a self acquired of your father.

Advocate Bigul Nanda LawRato

996 votes

As you are a major you father is not liable to support you any further. In case your father has a self acquired property then you wont be able to claim it till your father makes a Will in your favour. However, if your father has inherited property from your grandfather then you are entitled to get the share of the property and for that you shall have to file a partition suit against your father to claim your share of the property.

Advocate Manisha Ambwani LawRato