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Is married daughter eligible to claim share if father's property


27-Jan-2023 (In Property Law)
Hello, Please do help me, and thank you in advance My mother is born in year 1985, her father, as in my grandfather was died around 1995. He didnt earn a penny. What ever property he has was given by his father. Half of his property was clear without any legal issues, so he spend 100 plots roughly for his daughter marriages i.e my aunts. There are 4 sisters and 5 brothers and my mother is elder among all. Recently 5 brothers i.e my uncles has divided remaining 20 plots worth in crores and not shared anything to sister. Now there is still 1 1/2 acre left and much more. Grandfather had died with heartattact, so there is no will written. My mom is a cancer patient, and my other aunts are not even in suitable situation. They are asking for share but no brother is willing for share. Even more my uncle said, they might give 1 or 2 plot after 10 years when brothers decide to share remaining property. They knew my mom wont survive till then, help us. Suggest legal procedures.
Answers (1)

Answer #1
588 votes
The properties appear to be your parents self acquired properties. Therefore upon their intestate deaths, the properties shall devolve equally on all their legal heirs, i.e., equally on all four of you.
Your brothers cannot deny your share on any ground.
The law that you people were married before the year 2005 shall not apply to this position.
If they are not agreeing for amicable partition, you both the sisters can file a partition suit against the brothers seeking your share and separate possession of the same considering good and bad soils.
You may consult a good lawyer in your local for all such further issues.

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