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lakshmi (none)     17 August 2013

My share in property

sir/ Madam

i am lakshmi ,house wife settled in vijayawada. my father had died in 10th september,2006.

my mother is alive and she is staying with my brother.they both donot feel any kind of responsibility  towards me.my brother got married 20 years back but he donot have any child.few days back he has adopted a child from his wife's relatives.now i want to file a suit for my share in the property.i donot know the exact property details but i came to know that my father has purchased 20 acres of land in the name of my brother,my mother and my brother's wife.so please let me know the things how to approach.

Recently i have visited a lawyer and told the whole thing, but he told me to pay Rs.10000 and rest he will take care of it. 

I am in a confussed situation.please find me a solution.

thanking you


 5 Replies

Advocate Vishnu (Advocate)     17 August 2013

1.What is the nature of the property that your father had owned at the time of his death ( ancestral / self acquired)...?

2. Did he die intestate  ( without making a will)..?

3. you will have no say on the child being adopted by your brother and his wife.

The answers to the first two questions are necessary to give a proper legal opinion.

1 Like

lakshmi (none)     17 August 2013

The nature of the property that my father had owned at the time of his death is self acquired. He died intestate suddenly due to heart attack ( without making a will)

Adv k . mahesh (advocate)     20 August 2013

if the property is self acquired then you have every right to claim and also enquire with your mother if any other property is there on your father and mother names

as above you said 20 acres 

1 father

2 mother

3. brother

4. his wife

each of them will have a share of 5 acres and you can claim from the share of your father and a share in your mother 

1 Like

lakshmi (none)     20 August 2013

thank you for your reply.

i also want to know that we have one house  and also 8 acres of farm land in my mother name can i get any share in that.

one more thing is that at the time of my father funeral my brother brought some papers and asked me sign on that and he said that they are insurance claim papers but i have not read any of them and signed at that time as i am in deep sorrow and now i fear that any of them may be related to property

will be there any problem if they relate to property if i file a suit for claiming my share?

NGOKC (pm)     21 August 2013

No you do not have a share in 20 acres of land .

Please note as per your own ccomments your father inlaw has bought property directly in name of brother Mother and brother's wife.

That being a case where is requirement of a will . Property was already transferred in their name day 1 as owners .

Only property you can put a claim to is one that was in name of your father at time of his death  , Rest is waste of money .

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