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my share in father's property

(Querist) 13 April 2016 This query is : Resolved 
My father holds 3.25 agricultural land and one plot in city. We are two brothers and one sister. All are unmarried. My father has kept all property with himself. Agricultural land is ancestral and plot is self made. He is not giving me share and harassing me. How can I take my share from him by filling case. Land is another city and living in another. In which court shall I apply
Advocate M.Bhadra (Expert) 13 April 2016
The property can be treated as ancestral if this property was actual owned by your great grand father & it passed on down the line to you, your brother & your sister, in other words to be called a Hindu Ancestral property it should be four generation old.

Secondly even if it was your grand father's self owned property after his death if he died intestate i.e. without leaving any 'Will' or any other Testamentary document then it was inherited by his wife, sons & daughters etc.

In this case presuming your father is the only legal heir of your grandfather at the time of his death, then your father became the owner of the said property. So during life tine of your father you can not claim the property share.

After your father's death legal position & based on the recent amendment in 2005 in section 6 of the Hindu Succession Act, 1956, both you,your brother & your sister will have equal share in this Ancestral property. Lastly your marital status has nothing to do with your inheritance rights which is by birth in this case not being unmarried or married.
Devajyoti Barman (Expert) 13 April 2016
You have right of share only in the ancestral property of your father and you can not so anything as regards his self acquired property.
To claim your share you have ti file a suit for partition which is to be filed at the place where your father is now residing or where the property is situated.
Kumar Doab (Expert) 13 April 2016
Agreed with experts.
Rajendra K Goyal (Expert) 14 April 2016
You have no share in the self acquired property of your father during his life time, if you are Hindu.

How, who, when the so called ancestral property was purchased and how it came in the name of your father?
malipeddi jaggarao (Expert) 14 April 2016
What is your understanding about calling the agricultural land as ancestral property? Whether it fulfils the parameters enlisted by expert Mr.Bhadra? Then only you have a right in it along with your siblings. Self-acquired property, you do not have any right during your father's life time. You may acquire rights in it after his demise if he dies without leaving a Will.


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