I am 45 years old house wife, I got married in 1996 and My Father died in 2015. He has not made any will on the ancestral property. I am survived by Mother and Elder brother. My brother is a Government Official, am I legally eligible to get any share from my father's property and my brother is denying?
Ans: In India, the legal rights of inheritance to ancestral property are governed by the Hindu Succession Act, 1956. According to this act, as a daughter, you have an equal right to inherit your father's ancestral property along with your brother and mother, irrespective of whether a will has been made or not. This applies even if the property was acquired before the 1956 Act came into force.
Your brother cannot deny you of your legal right to inherit the ancestral property. If he is doing so, you have the right to take legal recourse and file a suit for partition of the property in court. You can also seek the assistance of a qualified lawyer to help you understand your legal rights and the process of claiming your share in the property.
It is important to note that the exact share of each person would depend on various factors such as the number of legal heirs, the type of property, and whether any partition has taken place in the past. A qualified lawyer can help you understand these factors and assist you in taking the necessary steps to claim your rightful share in the ancestral property.