mother property

Querist : Anonymous (Querist) 17 November 2010 This query is : Resolved
a property was on my mother's name now she has died my father want sell it without giving any share to me and my brother iam younger sister can i can get my property share through law by taking any action

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R.Ramachandran (Expert) 17 November 2010
According to Section 15 of the Hindu Succession Act, 1956, the property of a female hindu dying intestate shall devolve (a) firstly upon the sons and daughters and the husband.
As such your father cannot sell the property of his own without the consent of you and your brother - unless your mother had already given any Gift or Will in his favour.
The purchaser will definitely demand the signature of all the three of you.
In the meanwhile, on the basis of the death certificate of your mother, you can approach the Court and get a succession certificate. The succession certificate will indicate that all the three of you as legal heirs to the property in question.

Devajyoti Barman (Expert) 17 November 2010
Yes you have got equal rights in it.file immediately a suit for partition and injunction so that your father during the pendency of the suit could not transfer your share in the suit property.

Guest (Expert) 17 November 2010
i agree....Immediately file a suit for partition and injunction

Dineshwar Singh Kaushik (Expert) 17 November 2010
It is true that according to sec 15 of Hindu Sucession Act 1956 the property of a female lady dying intestate shall devolve firstly among the sons & daughters & husband. So you all three have equal rights in the property of your late mother.
Immediatly file a partition suit and try to get injunction order in your favour.

Sri Vijayan.A (Expert) 20 November 2010
U r entitled 1/3 share of the property.
So file suit for partition

Khaleel Ahmed Mohammed (Expert) 23 November 2010
You are advised to file a partition suit, you will get one third as your share.

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