My father passed away last year without leaving a will. We are three brothers, and one of us is living in the flat that was owned by our father. He’s refusing to share the property with us or give us our rightful share. He’s not listening to reason. What legal options do we have to claim our share? Can we force him to share? How long will this legal process take? We’d really appreciate any advice from someone experienced in this area. Thanks in advance.

Apni Law
Apni Law
Law Forum › Category: Family › My father passed away last year without leaving a will. We are three brothers, and one of us is living in the flat that was owned by our father. He’s refusing to share the property with us or give us our rightful share. He’s not listening to reason. What legal options do we have to claim our share? Can we force him to share? How long will this legal process take? We’d really appreciate any advice from someone experienced in this area. Thanks in advance.
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Apni Law Staff asked 2 years ago

My father passed away last year without leaving a will. We are three brothers, and one of us is living in the flat that was owned by our father. He’s refusing to share the property with us or give us our rightful share. He’s not listening to reason. What legal options do we have to claim our share? Can we force him to share? How long will this legal process take? We’d really appreciate any advice from someone experienced in this area. Thanks in advance.

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Apni Law Staff answered 2 years ago

Since your father died intestate (without a will), his property will be divided equally among you three brothers according to the Hindu Succession Act. You can file a suit for partition in a civil court to claim your share. The legal process can take months or even years depending on the complexity of the case and the court’s workload.

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Previous Article My wife is from Madhya Pradesh. Her father passed away in 2004, leaving behind his property in her mother’s name. She has two brothers, and the elder one is refusing to allow her mother to transfer the property to my wife. Can my wife claim a share in the property and file a case to help her mother transfer it?
Next Article My tenant, who promised to stay with his family, turned out to be a single man with a troubling demeanor. He’s been acting strangely, causing fear among neighbours. I’ve asked him to leave, but he refuses, claiming he needs more time and hasn’t paid rent. What steps can I take to legally evict him?

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