Property distribution between sons
RITESH KUMAR
(Querist) 06 June 2014
This query is : Resolved
Hello Sir/Mam
I am Ritesh Kumar, I am a Fresher graduate.
I have my one brother,mother but My father is not still alive.
My father has some personal lands and a home.
i want to do MBA so i asked to my mother to give me the fee for my
higher studies but se denied and told me that she never gave me money
(fee) after that i told to her that she gave me to my shares (father's
Property) but she again denied and said that she never give me a
little part of my shares and also my brother threatened me to kill if
i ask for my shares.
is there any rights for me to take my shares from them.
and the shares will be distributed between how many members.
please give your proper attention on me.please suggest me what can i do.
Email-ritesh.bgp73@gmail.com
Devajyoti Barman
(Expert) 06 June 2014
If the properties are ancestral property then only you have share in it, otherwise not.
Kumar Doab
(Expert) 06 June 2014
It is strange that Mother shall decline to pay fee of son.............
What is the reason?
Is it not possible to iron out the differences, if any?
It is believed that deceased was Hindu.
If the estate of your deceased father was self earned and he has not left any WILL then his CLassI legal heir shall share his wealth equally i.e. you, your mother, your brother........................
You may approach a local lawyer dealing in such cases/revenue matters...................
If possible settle the matter amicably and involve elders of the family/community/well wishers................
Devajyoti Barman
(Expert) 06 June 2014
Well I missed noticing that you father is no more.
If that is so then you have share in the property irrespective of its nature being self-earned or ancestral if no Will is left by him.
Now if you are not getting due share in the property then you can file suit for partition.
Sankaranarayanan
(Expert) 06 June 2014
i do stand with sri kumar doab you have 1/3 share of the property. Why that much your mother against your further study? is any reason behind it? Who given you the idea to make partition of property For study you need not fight your share. So many banks are ready to give loan for studies, try by that way
Rajendra K Goyal
(Expert) 07 June 2014
You have got a share in the property, can file suit for partition.
Better try to solve the matter amicably.
T. Kalaiselvan, Advocate
(Expert) 11 June 2014
You are entitled to 1/3rd share in the property left behind by your father, better go for amicable situation but in the event of no amicable solution, you can issue a notice for partition.
