Property sharing
Ravi Kurakula
(Querist) 26 December 2019
This query is : Resolved
In march 26 my mother expired without Will(instantate). I had a father and younger brother married having two daughters. Now the problem is my father has given the whole property,cash and gold to my brother's children. Can I have share in that properties according to Hindu 1956 Act. So kindly I request your valuable suggestions in this regard.
Ravi Kurakula.
Isaac Gabriel
(Expert) 27 December 2019
You are entitled for 1/3 share.of not conceded, initiate legal action.
T. Kalaiselvan, Advocate
(Expert) 27 December 2019
Yes, you are entitled to a rightful share out of the properties left behind by your deceased mother who is reported to have died intestate.
Your father can transfer only his share in the property to your brother or to anyone of his choice, he cannot take liberty to transfer the entire property including the movable assets to your brother's children.
If they do not entertain you claim for an equal share i.e., one third share, then you may initiate legal action by filing a partition suit against them and seek the relief of your share in the property left behind by your deceased mother who is reported to have died intestate, on the basis of one of the legal heirs to your deceased mother.
You can also seek separate possession of your legitimate share in the said properties.
Sb Karma
(Expert) 27 December 2019
to get share of properties you need legal assist ,he will explain you detail after seeing total property details.And yes you are eligible to get share of property
