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Pria (Scientist)     20 November 2009

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

 



Learning

 14 Replies

Pria (Scientist)     20 November 2009

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.

Sanjeev Kuchhal (Publishers)     20 November 2009

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

1 Like

Adv Archana Deshmukh (Practicing Advocate)     20 November 2009

 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. 

1 Like

Y V Vishweshwar Rao (Advocate )     20 November 2009

 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 !

 

1 Like

Pria (Scientist)     20 November 2009

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

Sanjeev Kuchhal (Publishers)     20 November 2009

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.

Adv Archana Deshmukh (Practicing Advocate)     20 November 2009

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.

1 Like

Pria (Scientist)     20 November 2009

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.

Adv Archana Deshmukh (Practicing Advocate)     20 November 2009

 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.

1 Like

Ajay Bansal (Advocate)     20 November 2009

Dear Priya,

 As per Hindu succession , act 1956  you are entiteled to get 1/2  share of all properdties of your parants.

dhiraj choudhary (n/a)     21 November 2009

time to close this query my dear frends

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     21 November 2009

 

 

Ufcorse it is time to close coz presently she dont want to file any case then why to take such tension.

For now it is Good luck only.

Jithendra.H.J (Lawyer)     22 November 2009

file a suit for partition and  you can give power of attorney to  conduct the case to any one who can safeguard your interest.

Pria (Scientist)     23 November 2009

Dear All,

Thank you for your valuable suggestions. 

Regards,

Pria

 


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