Legal Question in Real Estate Law in

I am 55 years old, My father died when I was 2 years old. My mother got the property ad lands from my grand father. My parents have two children my elder brother and my self only daughter. My mother sold the lands and purchased a house in 2006. My mother died in 2007. She has not written any WILL. Can I get any share as per hindu act. Can my brother sell the property with out my notice. The Original house documents are with me. I heared that my borther is selling the house and took advance from somebody.

please give a suggesstion to me


Asked on 8/28/10, 2:04 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, you can get half the share. you may seek injunction from the court to stop him from selling.

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Answered on 8/28/10, 10:52 am
Vishwa Arya Arya & Co.

Since the house has been purchased with the sale proceeds of ancestral property, the house shall be deemed to be an ancestral house. You will be the equal share holder in the property. Your brother cannot exclude you without your consent. You may restrain your brother from selling it by filing a suit for partition along with an application for stay/injunction

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Answered on 8/28/10, 10:00 pm


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