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Who has rights on father's property after his death


26-May-2023 (In Property Law)
A person used to stay in his flat with his brothers and sisters..after his death they are still occuying the flat and not ready to vacate it..but legally the flat should be of his daughter as she will be the owner after his father's death..what is the way to get the property.. Religion is hindu
Answers (5)

Answer #1
803 votes
Is there any will executed by the deceased against his daughter. Is she a single legal heir of the dceased. How the deceased became owner of thsi flats, these questions has to answer before going into your wuary
Answer #2
934 votes
If this query has been raised by a daughter, then you can ceratinly file a case of possesion and declaration with permanent injunction to claim your father's property back.
But you should also keep it in mind that this property completely and exclusively belonged to your father and the same us not an ancrstral property, in which case his brother amd sister will also have a share with you.
Answer #3
813 votes
If owner is your father and after his demise your uncle is in possession and your father did not make any will etc. Then file a case for declararion , possession and injunction againt your uncle.
Kind Regards
Answer #4
542 votes
First of all what is to be seen whether the flat is ancestral or self acquired? Is thr a will left behind? Accordingly a suit can be filed. Yes the daughter is class 1 legal heir and entitled to her fathers property. Please contact we shall be happy to help you
Answer #5
586 votes
Daughter can file a suit for recovery of possession before the competent court of law. Because the daughter has full right over the property of her father being a class one legal heirs. Her uncle and bua are the deemed licensee .

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