Can I claim my deceased father's property after turning eighteen?
My father passed away due to a heart attack in 2011. After his death, my mother moved to her parents' house to live peacefully. When we approached my father's family regarding his property, they refused to give us our share. A lawyer advised us that once I turned 18, I could claim my legal share in the property. I am now 18 years old. Do I have a legal right to claim my father's property, and what legal action can I take if my relatives refuse to give me my share?
Dear client, Yes, you and your mother have an absolute legal right to your father's property. As Class I legal heirs under the Hindu Succession Act, you inherit his entire share in both self-acquired and ancestral properties, excluding extended relatives like uncles or grandparents. Moreover, to claim your share, obtain his death certificate and a Legal Heir Certificate from the local revenue office. Send a formal legal notice demanding partition. If relatives refuse, file a Civil Suit for Partition in civil court alongside an injunction application under Order 39 CPC to legally stop them from selling, mortgaging, or altering the property during litigation. I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank you.
If your father died without transferring his property, you may have a legal right in his estate according to the applicable succession law. Since you are now 18 years old, you can assert your legal rights. If your relatives refuse to give you your lawful share, you may issue a legal notice and, if necessary, file a partition and possession suit before the competent civil court. For further legal assistance contat us on our helpline number.
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