Women's Right on Fathers Property?

i'm married in last dec,now living in mumbai.my real house is in kollkata.my father died on april 2010,leaving only a dwelling house with out making will.what ever asset was there,all are given to my two elder brother before my fathers death,but now they are forcely occupying the only house,and they dont want any partition,but i and my mother want partition of that house and wanted to be the owner of that part.but they and their wife dont want any further distribution or partition of property.

so what can we do now,and is the sign of my twobrother required forgetting that houseO(half portion)?

please sir reply

i'm married in last dec,now living in mumbai.my real house is in kollkata.my father died on april 2010,leaving only a dwelling house with out making will.what ever asset was there,all are given to my two elder brother before my fathers death,but now they are forcely occupying the only house,and they dont want any partition,but i and my mother want partition of that house and wanted to be the owner of that part.but they and their wife dont want any further distribution or partition of property.

so what can we do now,and is the sign of my twobrother required forgetting that houseO(half portion)?

please sir reply

hello ss chowdhury,

            i need to know how the property was transfered to ur brother's name.. is is through gift or sale or what kind of transfer.. u can file a suit for partition seeking ur share be declared and for seperate possession and u can ignore the transfer in favour of ur brother...

Dear Shri. Chowdhary,

First thing to be understood is what assets did your father give to your 2 brothers during his life time. Whetehr that was immovable property and whether any document was executed by your father in regard to the valuable assets?

Now, as regards the sole house which as per you is left by your father is concerned, you, your mother and two brothers have right, share and interest in the same. If you are residing in the said dwelling house and your father died intestate (without executing any will) and your 2 brothers are trying to take forcible possession of the same and not interested in partitioning the house, you can lodge a complaint (formal) with police authorities informing the forcible attempts of taking possession of the dwelling house and further proceed for filing Suit for declaration, partition and seperate possession and permanent and perpetual injunction. You can in the suit, if you are residing in the dwelling house, prefer application u/O 39 Rule 1 and 2 r/w section 151 C P C for grant of ad-interim temporary injunction restraining your 2 brothers from taking forcible possesisona and ousting you and your mother from the dwelling house.

Dear Shri. Kangaraj,

As regards the portion which was sold earlier of the property which belonged to your grand father, all 4 signed- the conveyance deed i.e. your father, his brother, sister, my grandmother. That, subsequent to however neither your aunt execute deed of relinquishment nor it was mentioned in any document purportedly whereby she gave up her right and share in the property, your aunt has right, share and interest in the property. As you said your aunt was give sufficient amount already, this fact will have to be proved by way of evidence that the amount which she received was equivalent to her share and proceeds inclusive of the share she got from sale of land and as well from remaining portion for which she has filed the suit.