File suit for partition for division of property by metes and bounds
2) you have one fourth share in property
3) seek injunction restraining sale of property pending hearing and final disposal of suit
How to get my property share
My parent have 2 daughter 2 sons.we both sister are married and brother 1 expire and second havent married .and property is from my mother name which is expire.. I want equal share in property They are neglecting what is the procedure There is no will made by mother before died
Asked 7 years ago in Property Law
Religion: Hindu
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8 Answers
Hello,
1) If your father is alive the property has to be divided in four equal shares among you siblings and father. If your father is deceased the property has to be divided in 3 equal shares.
2) If they are not considering you you can file a suit for partition of the property.
3) You can issue a legal notice seeking a share and if they don't comply file a suit for partition.
The proeprty left by mother devolves upon her legal heirs which include her husband and chidlren.
In this case you have equal right/sahre in the proeprty along with your father and siblings.
If you are not given your due share then you can file suit for partition and injunction.
1. If your deceased brother has not married and your mother has expired, then there are only 3 legal heirs of your deceased mother's property being two of you sisters and one brother.
2. All above three are the legal heirs of the said property and are entitled to 1/3rd share of the entire property left by your deceased mother.
3. File a partition suit claiming your share of the said property which will be divided and demarcated by metes and bounds by the Court by appointing a Court Commissioner.
4. Engage a local lawyer having expertise in this field.
If the property was on your mother's name then upon her intestate death the same will devolve equally on all her legal heirs.
If our deceased brother was married and left behind his wife and children they will be jointly entitled to his share in the property.
All the children of your mother including your father (if living), shall be entitled to a legitimate share in the property.
If your siblings deny your share, you may file a partition suit seeking your share and separate possession of the same out of your deceased mother's property.
My mother died on 16 july 2009 and i married in 1988. Is there any special act for specific year of death.and marraige time.
Asked 7 years ago
under provisions of hindu succession act 1956 on demise of mother her self acquired property would devolve on her 2 daughters and 2 sons equally
2) your marriage does not make any difference and you have equal share in property
The year of marriage or the year of your deceased mother's date has no relevance.
If your mother left behind any property without any arrangement, then she is reported to have died intestate. There fore the properties lying on hr name shall devolve equally on all her legal heirs/successors in interest. You being one among the legal heirs, you are entitle d to an equal share at par with the other legal heirs to your deceased mother.
You can file a partition suit and seek your legitimate share in the property as a right with separate possession of your share through a court of law.
1. In case of parental property or property of your mother there is no special act in connection with the date of your marriage and claim on her property.
2. You can very well claim your share of the said property and file the partition suit as suggested in my earlier post.