Need a guidence


Dear All,

I am Pria. My Parents died three years back. At that time i was not married. After they died, I was earning on my own to run my own expenses. I have one elder married brother with a son. Now I am married and I want to claim my share in my fathers property. My brother says that I don't have right in the property but I know that daughters have equal right.  I have my uncle also (my fathers brother) who also says that I don't have any right to take fathers property. I have been in very hard times when my parents died and now I am stable so I want to claim for the property.

I request you to please suggest me the proper step by step procedure to claim for fathers property. 

Thanks and Regards

 

 
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This is Pria again, one thing I would like mention that my father didn't made any will but he wanted to make his will and give all the property to me beacause he knew that my brother will not take care once he died. my father couldn't make the will beacuse of his illness and most of the time he was admitted in hospitals only. I don't want all the property its just a small share for my security.

 
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Publishers

You file a suit for partition and you will get equal share of properties as you are legally entitled for the same.


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Practicing Advocate

 You have equal share in the property along with your brother. You both have 50-50 share in the property. If you want your share seperated, you can file a suit for partition and seperate possession. 


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Advocate

 I agree with above lrd friends  !

Your brother can not deny your share-  file the suti for partition and separate possession and get yoru share !

 


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what is the procedure to file the suit? The place where I belong to is a very small town I don't think there are much advocates. Shall I hier a advocate?  can I hier a advocate from some other place? Is it neccessary to hier advocate initially? Please guide me I have no idea about all these things. It would be good if you tell me how to proceed or how to start.

Thanks in advance

 
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Publishers

You contact a local lawyer and the suit is to be filed in the Civil Court having the jurisdiction of the situs of property.

You can also contact the Legal Aid department. It has branches normally in all Dictrict Courts.

 
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Practicing Advocate

It is better you consult a good lawyer. You can engage an advocate from some other place if you feel proper. Discuss with him all the facts of the case and show him all the relevant documents you have with you. This will enable him to chalk out further course of action to be taken on your behalf. He will guide you how to go about it.


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How much time will it take to finsih all these things right from the beginning.

Does my presence is neccessary everytime. Actually I am living abroad for few years and its not possible for me to make frequent trips to India. I will be visiting soon and then will talk personnaly to my brother, I he again denies for the share then I think i should hier a lawyer for this.

 
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Practicing Advocate

 It is not necessary for you to remain present on each and every date. Your lawyer will take care. But your presence will be required during the hearing stage.  However, you can give power of attorney to anyone to conduct the suit on your behalf. . Try to settle the matter with your brother amicably if possible.


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