Legal Question in Real Estate Law in India

Sir,

I have 2 elder brothers and i am the younger sister - my mother died in 1986 and my father in 2002 this property is my father earning f, we are hindus ,from my marriage he told that the property should be shared equally , we have no written documents , at present i am staying in that house i got married in 1995 for the last 4 years there was quarreling between my brothers finally before 2 years my elder brother changed the property from my father name to our 3 names that is in undivided share , and constructed 2 house in ground floor and occupied full space in 1st floor according to our will . now my husband health is not favourable he got 2 heart attack in 2009 and now he is unemployed in this situation he cant work further , i started to work for the past 3 years , so i asked my brother to give half of the portion in second floor so that i can construct and leave for rent for my survive in this condition my younger brother says that i have no more right in asking the property and simply be with what i have i was shocked , i could not explain it to my husband also i compress all these words with me and suffering could you please say me the remedy in brief , one thing at any cost i dont want to go leagally if he hurt me like this i am also ready to leave the house but not able to bare his words , one thing i want to make clear that what is the right for me in my fathers property-- please help me


Asked on 1/08/10, 2:37 am

1 Answer from Attorneys

IqbalAhmed Shaikh Moavin Legal Associates

Under the Hindu Succession Act,1956 all Class 1 heir of the deceased Hindu are eligible for equal share in the property of the said deceased. The property should be self acquired & the deceased had not left any "Will" i.e. he died Intestate.

The amendment in 2005 in section 6 the Hindu Succession Act, all sons & daughters have equal share in any Copacenary property. Accordingly a daughter will get one share equal to the son.

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Answered on 1/08/10, 6:00 am


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