Regarnding my parental property devidation

Atul dholkia (Querist) 14 September 2016 This query is : Resolved
We are six brothers and three sisters (all married).At present i am only residing in parental property since last fifteen yeras. All brothers shifted to other state. Now they are asking for share. My mother is alive and father is expired.mother is also shifted to other state. So please guide what are the rights to this property to me. They are forcing me to vacate this house and godown. So please guide me.
Thanx

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Kumar Doab (Expert) 14 September 2016

You have not posted that:Who is/was the owner of the property?

Raj Kumar Makkad (Expert) 14 September 2016
If the property was owned by your father who has expired then his inheritance shall go in equal share among all his legal heirs means you are entitled to inherit only 1/10th share.

BUT you cannot be forced to vacate the possession as threatened. They shall have to file a civil suit for partition and possession before civil court and only on that basis, the partition of the property shall take place. Keep on your possession and enjoy its fruits till then.

Ms.Usha Kapoor (Expert) 15 September 2016
If any of your siblings file a suit fo partition and allotment of separate share as per 2005 HSA amendment each of you including your mother would gt 1/10 th share in the property.

Rajendra K Goyal (Expert) 19 September 2016
If the property is in the name of your late father, all your brother and sisters including your mother have share in the property. Try to have amicable solution.

Guest (Expert) 19 September 2016
All are entitled to equal share in the property, if the property belonged to your father. There should be problem in division or settlement, if there is no dispute from any of the legal heirs.

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