629+ Lawyers are online 
Procedure for a daughter to claim a share in father's property
18-Jan-2023 (In Property Law)
We r Two Sister no Brother My Father aged 87 years recently late , Father have some CASH FLAT(building) Property ....I Am Elder Sister.....married....After my fathers ..My younger Sister is not Give my right of this property because she was divorced and live with my parents so what can I Do ?
Respected Madam
I read your matter very carefully and I like to suggest you to file both criminal and civil case and claim for your legal rights.
According to Hindu Law you and your sister both are legal heir along with your mother and brother.
I read your matter very carefully and I like to suggest you to file both criminal and civil case and claim for your legal rights.
According to Hindu Law you and your sister both are legal heir along with your mother and brother.
Helpful?
43+
43+
Adv. Mita Banerjee
Kolkata | 100+ Answers
Chat
If father left will. Probate of the will have to be obtained from the Court by the beneficiaries if there is no executor of the will.
If there is no will, then succession certificate will have to be obtained by the two sisters claiming to be the only legal heirs. Heirship certificate will have to be obtained from the local Councillor after affidavit before first class magistrate.
After obtaining heirship certificate the sisters are to apply to the Municipality for having the property mutated in their name.
One thing has not been said. Is mother alive If alive then mother claim one third of the property.
If there is no will, then succession certificate will have to be obtained by the two sisters claiming to be the only legal heirs. Heirship certificate will have to be obtained from the local Councillor after affidavit before first class magistrate.
After obtaining heirship certificate the sisters are to apply to the Municipality for having the property mutated in their name.
One thing has not been said. Is mother alive If alive then mother claim one third of the property.
Helpful?
37+
37+
Adv. Dr. Saibal Chandra Pal
Kolkata | 100+ Answers
CONTACT NOW
Madam
The property is of your father and you have not stated about your mother whether living or dead.
Taking your matter as both of your parents are not alive. You and your younger sister have equal rights over the property left by your deceased father.
If she is not allowing you to take your part from the FLAT, the you can send a letter for partition of the flat. If then she does not agree then you can file a suit for partition before the Ld. Court.
Thanks
The property is of your father and you have not stated about your mother whether living or dead.
Taking your matter as both of your parents are not alive. You and your younger sister have equal rights over the property left by your deceased father.
If she is not allowing you to take your part from the FLAT, the you can send a letter for partition of the flat. If then she does not agree then you can file a suit for partition before the Ld. Court.
Thanks
Helpful?
25+
25+
Adv. Shiddhartha Banerjee
Kolkata | 200+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
