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?

2 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 23 Nov 2024

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.

Admin
Advocate By LEAD INDIA Answered: 18 Nov 2024

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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