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How to get a share in the father's property


28-Jul-2023 (In Property Law)
My father passed away in 2007 without a will and my 2 elder brothers were up for the partition(Hindu) soon after my marriage a few years ago. They took most of the movable and immovable properties among themselves and gave a property to me and one to my mom. This property partition was done and registered in April 2017 when I came home for my delivery and my eldest brother did not let me go to my husband’s place without registration. They promised to take care of us in the future but they seem to be insulting me and my mom when we asked for some more share as we ladies have to take care of ourselves without depending on them. There is still one property 2ac land left as a share between one of my brother and mom we want to save it so that mom can give it to me later. Am afraid if other brother will try to grab it from mom in my absence as am going abroad. Is there any chance for me and mom to proceed legally and get a decent share of the property now? If so on what grounds?
Answers (2)

Answer #1
921 votes
According to the Hindu Succession Act, in the case of succession of a Hindu male dying without leaving a Will, the Class -I legal heirs entitled to equal shares in his estate are his mother, wife and children, including daughters. You may file a succession petition at the district court.
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Answer #2
555 votes
Now you have got equal rights over your late fathers property like your brothers. You can file a suit for partition and there by bring it before the court and the court will give your solace . You should have legal heir certificate and the details of your fathers property.
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