According to the Hindu Succession (Amendment) Act 2005, you have the same right over your father’s property as your brothers. You have not mentioned whether the property is self-acquired or ancestral. In case of ancestral property, you have a right to it by virtue of birth and can make a claim over it. In case of self-acquired property, since your father died without a will, you will have an equal right to it as you are a class I heir along with your brothers and mother. Hence, you can file a petition in the court seeking a right to the said property.
My parents got divorced 10 years ago. Now I am 22 and my father passed away recently without making a will. He had two self-acquired houses in his name. Do I have any right to both his properties? – Sunil Verma
Since the properties were self-acquired, your father could have willed these to anyone he wanted and you would have had no right over these, unless you had a ground to contest the will. However, as your father died intestate, you, as a class I legal heir, can make a legal claim to the said properties.
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I am a 35-year-old salaried professional and have one younger brother. Our father passed away when I and my brother were seven and five years old, respectively. Our mother was a working woman and brought us up single-handedly. Over the years, she bought some land and constructed a house with her own money and a bank loan. The loan was repaid fully a few years ago. My mother passed away last year without making a will. Do I and my brother have an equal right to her property? — Simmi Katiyar
According to the Hindu Succession Act 1956, if a woman dies intestate, her self-acquired property is distributed as defined by Section 15. According to the order of preference mentioned under Section 15 (1), the property will go firstly to sons and daughters, including children of any pre-deceased son or daughter, and the husband. Since your father is no longer alive, you and your brother will have the fi rst right to your mother’s property.
The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.