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Right to claim share in parents property
30-Jul-2023 (In Property Law)
My two brothers are in possession of my dead parents property in Odisha, having no will. We are three children (one daughter and two sons, all married) of them. 1. Within how many years (maximum) I should file the case in court to claim my share ? 2. If I do not file the case what happens to the property ?. 3. If I do not do any thing whether the two brothers can transfer the property to their name ? Please reply all three. Regards. P Rout (married daughter), Hindu religion.
1.There is no time bar for filing partition suit.
2. If you don't file the suit, they may construct or build houses or any structures or anything on the property and may enjoy the rent from the same, without your permission or concern.
3. If you do nothing, your brothers may succeed the property in their names (in case if your name is not included in the Legal Heir Certificate). Later, it will be very difficult and will take long period of time to prove your stand in the court of law.
It's advisable to claim your share as soon as possible.
2. If you don't file the suit, they may construct or build houses or any structures or anything on the property and may enjoy the rent from the same, without your permission or concern.
3. If you do nothing, your brothers may succeed the property in their names (in case if your name is not included in the Legal Heir Certificate). Later, it will be very difficult and will take long period of time to prove your stand in the court of law.
It's advisable to claim your share as soon as possible.
Helpful?
Adv. Rajdeep Pradhan
Cuttack | 100+ Answers
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In a partition suit limitation starts with the date of denial to give your share and it runs upto 12 years. In your case better you file a partition suit and get the property in your name. The sooner you file the suit the earlier you get it . Rest of the things only can be suggested after thorough perusal of your case record.
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Adv. Deepak Kumar Panda
Cuttack | 200+ Answers
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