Rights in property
pratyu
(Querist) 20 June 2013
This query is : Resolved
sirs,
advance thanks to all lawyers.please kindly inform me of my rights in property.
my father had inherited property from his forefathers and father.we are 6 childreni.e,3 sons and 3 daughters.(all are living in andhrapradesh)
my father died without any will suddenly in 1998.he left 38 acres agricultural land.my mother also died in 2011.she also dint leave any will.
i am second daughter to my father and am married (in 1973),can i claim equal share in that property.
thankyou.
ajay sethi
(Expert) 20 June 2013
since your father died intestate all children would have equal share in the property.
Rajendra K Goyal
(Expert) 20 June 2013
All children have equal right in the property of your father in the above circumstances.
pratyu
(Querist) 21 June 2013
sir
the property was mortogaged by our brothers without our consent.
only 15 acres is not under mortogage out of 37 acres.
they are not willing to divide the property and are telling that they wish to sell the land and pay the debt and divide the remaining land among themselves.
they are not informing any information regarding mortogage etc.
i am not aware of law and would like to know how to claim my share fastly without an complications.
the pattadar pass book is still in my fathers name.they are enjoying the whole income from that property till now.
i am not financially good,so cannot spend much money and my brothers are violent and harmful.
please kindly inform me
if they can claim common property for debts they have done for their business.
do i have to wait until they decide to divide property.how am i supposed to claim my share in it immidiately.
thankyou.
Veeresh Naik
(Expert) 22 June 2013
Acc. to Bbay HC recent rulling if your father has died prior to 2005, i. e. before coming into force of the Amendment Act 2005 then you will not be entitled for equal share, as property has devolved upon you in 1998.
