Am I legally entitled to a share in my brother's property?
When our father was alive, I took our brother's property and made it in my brother's name. Now my brother and father are dead. But my mother is with me; my sister-in-law is not giving me a share in the property that my brother and I earned. We are from a Hindu family. I do a government job and my brother does business. What should I do?
As a Hindu, you have some particular legal rights regarding property rights. Since your brother and father are dead, you can stake your share in the property acquired during the lifetime of your brother. As a Class I heir, you are entitled to claim the share of your brother according to the Hindu Succession Act, 1956. If your sister-in-law denies you access to the property, you can file a partition suit in court to enforce your rights. It is always best to seek the services of a lawyer who specializes in property disputes so that he can assist you in navigating the legal process effectively.
If the property is jointly acquired by you and your brother, then you can claim the property to the extent of your contribution. According to the Hindu Succession Act, your sister in law comes under the Class I heirs, so she has the right of equal share in the property. You can resolve this dispute through mediation through third party or the private family meeting through negotiations and conciliation. You can also go for the partition suit in the civil court, where each of you can take your shares legally in the court of law.
Sir, in this situation, the legal rights to the property will depend on various factors such as the type of property (self-acquired or ancestral), the succession laws applicable, and whether there was any will left by your father or brother. Since your brother and father are deceased, the legal heirs to the property are your mother, you, your sister-in-law, and any children your brother may have had. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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