Property dispute between siblings
20-Jul-2023 (In Property Law)
My mother is being denied property share by sister in law in her father property. Father is no more and there is no will. Please suggest what legal options we have. Can we file a partition suit ? How much time does it take ?
Hello sir. As your father passed away intestate, your sister has an equal share in any property he has left behind by virtue of the Hindu Succession Act, 1956 following an amendment in 2005. However, your sister can choose to forego her share in the property. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
When a person dies without leaving a will, his property devolves upon the successors who are entitled to succeed as per their religious law. As enquired by you, it is left open to you to file for a partition suit before the appropriate court of law to obtain your share which can be by way of physical demarcation or by way of auction and delivery of your share of amount.
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.
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