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tyagi (own)     05 March 2013

Daughters share in fathers property

Hi,

We are three sister and one brother. My father died one and a half years back. As we all sisters are married my brother is the only one living in my fathers house. My fathers owned the house after my mother died six years ago. My brother hasnt kept any relation with us. He has started constructing flats in the property. Banquet hall also runs in my fathers property. We had demanded him to show us the papers of the property. But he always fights with us and makes excuses such as he has taken loan on property from bank and the bank has the papers. We asked him to give flats to us but he is giving us only what he wants to give. He is only willing to give us one flat each. We had gone to a lawyer who has told us to take a stay order on the property. One lawyer had suggested us to give a notice. Is there a difference between stay order and notice. We just want to scare him right now. We know that we have a share of 25% . Also kindly let me know if we file a case for partition we have to give some percentage of circle rates as court fees? Can my brother give the flats on rent? Is there a time period we can claim the property? Thank You.



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 7 Replies

gopal (Faculty)     05 March 2013

As per the law you have share, you can file a suit and get the share, it may take few years, you have to spend some ammount of mony and time ,also by him side. 

pls it is my suggestion only.

your brother is ready to give one flat to each of your sisters na , so better receive that and give up him.

in this birth you are sisters to him and he is brother to you. we will not birth again and again so 

do not build problems in life, receive what he giving and lead the life happily

regards

Adv k . mahesh (advocate)     05 March 2013

yes i agree with Mr. Gopal

first lawyer will give a notice to your brother and then he will file a suit in the court for the share of property 

and also think and settle the matter by sitting and dicussion which makes your views and also your brothers so that if you are getting a flat and cash which makes the 25% with some elders as the court case will take more time 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 March 2013

Under the Hindu Succession Act,1956 all Class 1 heir of the deceased Hindu are eligible for equal share in the property of the said deceased.
Here the property should be self acquired & the deceased had not left any "Will" i.e. he died Intestate.
The Ancestral property in hand of the deceased has to be first checked if that qualifies the test of being ancestral in nature.

tyagi (own)     05 March 2013

Hi Rama,


Thanks.But how do we check the property. Brother is not willing to show any papers.What should be our first move be.There is no will but we are not sure.

tyagi (own)     05 March 2013

Hi Mahesh,

There is no relationship of brother and sister now after my fathers's death. We have had discussions a lot of times. He commits to something and next day he will deny it. We also don't want to go to the court but there'e no option left for us now. Can you please specify what kind of notice will go to him.

tyagi (own)     05 March 2013

Sorry to say that we did'nt get any solution.How are the layers on your site so emotinal rathetr than helpful . Don't thnk it is valuable site to ask questions.

gopal (Faculty)     06 March 2013

mam , understood that here lawyers are there for giving ideas and law information to solve the problems, not for creating the problems. so advocate mahesh and Ramachary sir, given their suggestions, it is your ability to solve your problem with the help of their suggestions. if you feel you need more information give the information detail then they will give better suggestion to you. do not valuate this site it is valuble or not


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