Daughters rights on father's property

RAHUL (Querist) 18 December 2015 This query is : Resolved
Hi Experts,

In case Daughter file a title suite on fathers property(Fathers Dead no deed left)
and brothers doesn't want to give share to her and slowly slowly brothers are selling property,
how much time it will take for decision to come from court for partitions ??
Is there anyway to stop them to sell the property??
How to boost up case to come fast the decisions ??
If brothers have putted property on rent , whether sister can claim on that income arise through rent??

Thanks

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Guest (Expert) 18 December 2015
Father died without will . So division shall be as per hindu succession act if you are Hindu.Sister has right to property.

You can file division suit and also ask for injunction not to sell any property till judgment as interim order.

Guest (Expert) 18 December 2015
The above is subject to father being alive on which means having died after this dead. September 9, 2005

RAHUL (Querist) 18 December 2015
father died in 1999

Guest (Expert) 18 December 2015
Was this property self acquired or ancestral?

Guest (Expert) 18 December 2015
Please read Hindu succession act where all details are given as to how property will be shared. Property goes first to class 1 heirs .

K.S.Srinivas (Expert) 24 December 2015
If it is self-acquired and the father died intestate, the property will be divided equally among the class-I legal heirs.

If it is ancestral property and in the present case father died in 1999, the daughter is not entitled to claim any share in the said property.

The Supreme Court has said that a daughter's right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005.

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