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Loss of father in 2021 -No will ,step mother involved
11-Sep-2024 (In Property Law)
Hi
I am a daughter single and aged 41. I lost my father in 2021.There is no will.
He remarried in 1991 and has a daughter from second wife.
After the loss of father ,his wife and daughter have been harassing me.
Kindly assist what legal action I can take for the abuse I have been going through since past three years.
Will my step sister get 2/3 of the property as her mother will also transfer her share to her ?This will be just an injustice.
How can I get justice in this case ?
As your father passed away without a will, his property will be distributed according to the Hindu Succession Act, 1956. Since you, your stepmother, and your stepsister are all Class I legal heirs, the property will be divided equally among the three of you. Each heir is entitled to 1/3 of the property. Your stepmother cannot legally transfer her share to your stepsister without valid legal documentation, and her doing so will not automatically increase your stepsister's share.
Regarding the harassment, you can file a complaint under the Protection of Women from Domestic Violence Act, 2005 or approach the local police station for criminal complaints regarding abuse or harassment. You can also file for a partition suit in civil court to ensure the fair division of your father’s property and to legally claim your share.
Helpful?
Adv. Vaibhav Anand
Lucknow | 50+ Answers
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what justice you are looking for.
your step sister has not done anything wrong she also got rights in the property as his father also died , obviously mother share may go to her if mother wants.
however still there are. different ways where you can claim for larger share of the property.
you can contact for complete details.
thanks
Helpful?
Adv. Anurag Bhati
Greater Noida | 700+ Answers
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