How to claim share in father's property after his death

625 votes

You can go for a civil suit in this case you can get your parental propety not a much big issue . As you told your father is no more so your mother is the owner of his property....?.....

Advocate Brij Bhushan Pandit LawRato

993 votes

Question: My father passed away before 6 years leaving a house, factory shed and 2 plots.I have mother, Sister (married) in my family. I m also married. I grown up at my maternal grandparents home (Nanaji) in maharashtra and after that I joined service in private company in Indore, living separately from both the house. My married sister lives with my mother at our home with his husband and child. Registry of House is in two parts, ground floor is registered on my fathers name and first floor is registered on my mothers name. Factory shed is registered on my fathers name. 1 plot is registered on my fathers name and 2nd plot is registered on my mothers name. I earn less and leaves with my family on rental house. Now I have told my mother to give us some share from property so that we can also plan our future. But both my mother and sister refused & not giving us anything. Please suggest is there any way so that we can get some share from property.

advise:
A civil suit for partition and possession is required to be filed claiming 1/3rd share in all the properties of your father.
better advise can be given after seeing the documents.

Regards
Raghvendra Singh Raghuvanshi
Advocate-high Court of MP, Indore
Partner-Raghuvanshi Vaidya and Partners, Law Firm

LawRato LawRato

709 votes

If there is an intestate death of your father without any Will then you can file a case for declaration and permanent injunction before the civil court or else you can also go for the suit for partition rest will assure you after going through the documents as to whether the property of your father is an ancestral property or his self earned property

LawRato LawRato