Legal Question in Wills and Trusts in India

transfer of property after father death

my father died on Aug15 2007 due to heart attack.he did not write any will. my mom is alive. we are two legally born children.Daughter and son. Daughter is married to an intercaste person with mutual consent. Now my brother is telling that he will not give the property to me. I asked him on third share according to law. after 4 years of marriage i didnt have any fixed asset. I have a baby girl. she is 3 years old.when i claim for my right my brother and our relatives are telling that they wont give any thing. I wan to proceed legally. what all can be done to recover my property in 2 months. All talks with our family lawyers between my brother and me are over. still they are silent. my brother told that dad taken loan and built the house. i have many liabilities about 10-15 lac.i cant give your share.i told ok, i will clear your liabilities, after that will you give me the 1/3rd share amt + my given amt for liabilities.again he is silent. I cant keep quiet.plz guide me. no relations from their side since our marriage. atleast my father used to talk to me. He used to love me alot. after his death this is the situation. plz give me a very good solution.


Asked on 10/22/08, 7:09 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: transfer of property after father death

You are entitled to your share in law; but litigation will be very expensive and tiring; you need to measure the strength of your opponent before starting any legal battle, even though you may have a very strong case in law.

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Answered on 10/22/08, 4:33 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: transfer of property after father death

You are entitled to share according to law but you are also responsible for liabilities. so better settle the matter amicably and maintain your relations than fighting legally for property.

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Answered on 10/26/08, 10:06 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: transfer of property after father death

as per amendment of hindu succession act, u r equally entitled to have a share of property of ur father who has died intestate i.e. without leaving a will. you may simple apply for mutation in case it is a lease hold property and file a suit for partition by impleading your mother and brother as defendants. there is no set time frame when u get the share of ur property but as ur right is there, u may obtain stay against the sale of property.

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Answered on 10/23/08, 12:35 am


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