My right in my deceased father's property (house) My right in my deceased father's property (house)

5 years ago

My family and my parents were living separately. I have my own earned house. My small brother and his wife and childrens live with my parents. Few years ago my father deceased. From then in my father's house my mother and my small brother's family are living in it. I have a fear that my father's property will be given to my small brother. Now I want to know that 1) In present who has the right in my father's property. 2). Can my father's property will be given to my small brother. 3) Can I claim a part of the property from my mother.

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client kindly go through court for your share in that property.
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ARPIT BATRA

Responded 5 years ago

A.You can ask for your share.
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sistla ramakrishna

Responded 5 years ago

A.Whether it is your father`s self acquired property or ancestral property. If it is your father`s self acquired property and he died intestate that is to say if he died without executing any will all of you have equal share. You, your mother and your brother has equal share in it. If you have sisters they also have equal share in it. If it is ancestral property, then you, your father and your brothers and sisters have equal right and also your father`s property will be shared among all of you including your mother if your father did not execute any will to his share.
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Vidhi Samaadhaan Vidhi Samaadhaan

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
If you are a Hindu you will be governed by The Hindu Succession Act,1956. Of course, some state amendments are there.
1. Your Mother, all the brothers and sisters have the right to the property of your father who is deceased.
2.Yes, property can be given to your younger brother.
3.Yes, when there will be a division of property you will automatically get a share even if you do not ask for it. This is the standard practice all over the country.
Shanti Ranjan Behera, Advocate
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.You just get partition privately or before court
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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.Dear sir you can file partition suit
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