My Brother has crossed all level of cruelty with us sisters and and his courage is increasing day by day. He is very greedy and only understands the language of money. Since years we are silent on this but now we went him to teach a lesson. Father died without any will in 2007 he was as businessman and use to run a Shoe Shop in Imphal (Manipur). After his death since brother was living in Imphal only he continued to run the shop and is running till date and we never raised the objection to it. Till date he has earned crores of Rupees from the past and present profit. Question - If we sister has any claim or right over the business . If Yes what all types of suit can we file ? If we can also ask for books of accounts or what are all types of legal rights available with us. Further I live in New Delhi, Brother lives in Imphal and business is also in Imphal , so where the suit will be filed, if it can be filed in Delhi?
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on father demise your mother , you and your siblings have equal share in father assets
2)suit for partition has to be filed in Imphal where the property is situated
3) seek injunction restraining sale of assets by your brother pending hearing and final disposal of suit
You have the right to claim your share in your father’s business, as well as the profits he earned after his death. According to the Hindu Succession Act, 1956, as amended in 2005, daughters have equal rights as sons in their father’s property, whether it is ancestral or self-acquired. Since your father died without a will, his property will be divided equally among his legal heirs, which include you, your brother, and your mother (if she is alive). Therefore, you can file a suit for partition and accounting of the business, and demand your share of the assets and profits. You can also ask for the books of accounts and other documents related to the business, to verify the income and expenditure of the business.
However, you will have to file the suit in Imphal, where the business is located and where your brother resides. The jurisdiction of a civil suit is determined by the place where the cause of action arises or where the defendant resides or carries on business. Since both these factors are in Imphal, you cannot file the suit in Delhi. You will have to engage a lawyer in Imphal who can represent you in the court there. You can also seek legal aid from the State Legal Services Authority or the District Legal Services Authority in Imphal, if you are eligible for it.
Daughters has the same rights as the son and no one can deny it even the parent's themselves.
Suit for partition would be the right approach
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All have equal share in everything inherited from father. Have to file partition suit. Book/Return you can obtain through RTI or through court order. Case will file in Imphal.
- As per law, after the demise of your father intestate, his property & assets would be devolved upon his all legal heirs equally, and hence you have equal right over the said shop and its income/profits from the date of demise of your father.
- You can ask him for an equal share in the shop and its business after sending a legal notice to him
- Further, if no positive response, then file a suit for Partition & Rendition of accounts and Injunction before the court for claiming share in the said shop , and its accounts and to restrain him from selling the said property
- Since, this shop is based in Imphal , then this suit will be filed there.
Dear client,
Inheritance Rights: In the absence of a will, the inheritance laws of the state where your father resided and owned the business would typically apply. These laws determine how your father's assets, including the shoe shop, are distributed among his legal heirs. You and your siblings may have a legitimate claim to a share of the business as his legal heirs.
Types of Legal Actions:
Location for Filing Suit: The location for filing the suit would generally be in the jurisdiction where the business is located, which, in this case, is Imphal, Manipur. It's advisable to consult with a local lawyer in Imphal who specializes in property and inheritance law. They can guide you on the specific legal procedures and requirements for your case.
Legal Counsel: It's crucial to seek legal counsel to navigate this situation effectively. A lawyer can help you understand your rights, draft necessary legal documents, and represent your interests in court if required.
After your father's intestate death, all his legal heirs/successors ion interest are entitled to their share in both the immovable and movable assets left behind by your father.
However please note that since the business was taken care and developed all alone by your brother alone after yor father's death, you and yor sisters may be eligible for a share in the business profits till the date of death of your father however you can claim a share in the immovable shop property.
The partition demand do not have any time limit, hence you can file a suit for partition claiming an equal share in the property that belonged to your deceased father but for that you have to file a suit only within the territorial jurisdiction of the location of the property.
Madam,
You are suggested to send a legal notice and ask for partition and your share of properties and if he is not giving, the case will be filed at Manipur.
Ur sue can claim her share if father has not executed any will against her
Greetings of the Day,
I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.
We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.
Best Regards
SPS Law Chambers
New Delhi.
