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legal heir's claim_daughter


My father passed-away without a Will, two years ago. And my brother does not want to give anything to me being a girl; although my father verbally committed to me to gift me some real-estate plots and a house. Recently, I was approached by my parental family, most likely my brother did that, with a letter like an NOC saying that I voluntarily give-up my share in my father’s factory. (My father's factory is worth several hundred crores.) That’s when I realized that my father did not write a Will. I investigated and found out that my brother has taken care of most of the things like cash, and maybe some other properties. I found that my father has 4.3% of shares in the factory in his name. The factory was started by my father in partnership with his younger brother and a friend. I checked the financial documents of the company and came to know that these shares might be worth about 3-3.5 crores. Being a legal heir I assume that i am entitled to one third (I have a brother and mother). And, I want to claim it. Also, my father has left one house (worth 7 crores) and an apartment (worth 70 lakhs). Also, there is another residential-plot ( worth about 3-4 crores) that is in litigation with the seller’s heirs. This house was purchased by my father and his younger brother. Apparently my brother and uncle won that case recently. I know this because when they won the case they wanted me to sign an application so that they could file it in higher court, if needed. Our's being a male-dominated family, girls are regarded as waste! I am pretty sure that my brother would not budge if I just request. Please advice how I should approach this issue and claim my part of the share as my father’s legal heir.
 
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legal advisor

You are right about your share.you can file for a partition suit in the court to claim your share

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Thanks for responding. 

What is the best way to proceed (like which court and under which law)? Also, how strong is my case; and in general how much time it takes to get a court decision? 

 
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LEGAL CONSULTANT

As per Hindu Succession(Amendment )Act 2005, U are also class ! legal heir of UR father and U R entitled for an equal share in what ever properety that was owned by UR father.Never give any kind of NOC,that would reflect in UR claim.Without UR consent UR brother/brothers can't do anything with the assets.

Hence better consult a good competent family lawyer in UR place for further assistance.


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Lawyer at Supreme Court of India

Mam, 

 

Don't wait to long if you apprehend that something wrong might be done to you, better seek a stay and injunction on the property as soon as you can. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450


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advocate

partition suit file in the court for your legal share


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