LawRato

How to claim share in property as legal heir


10-Jul-2023 (In Property Law)
We are seven brothers and sisters.Father expired without making any will.Five of the siblings occupying the house built in 5 Kathas of land depriving me and the eldest sister.l am an ex service man presently residing at Delhi.want to shift to my ancestral house but unable to do that as all have forcibly occupied the house and did the mutation on their names including children.Please advice.We are Hindus by religion.
Answers (5)

Answer #1
578 votes
Your query is related to your right to your father's property.The right , as you have stated, is coparcener's right.Unless the property is gifted or sold lawfully by your deceased father without your knowledge, you can proceed further to put your stake in lawful manner.Contact lawRato for further instructions.
Answer #2
553 votes
I read your matter very carefully I want to discuss the total matter and suggested you to file both criminal and civil case and all the other necessary action is taken care by me and my team.
Thank you.
Answer #3
725 votes
In that case the physical possession is very important matter. Presently you have to take possession of the property. you can file a partition suit before the civil court. You can also submit a complain before the BL& LRO and local municipality for suppression of facts. For further details you can take advice from a civil lawyer.
Thanks.
Answer #4
954 votes
Mutation is not a primary evidence... Have a formal rounds with your sibling verbally without use of any electronic media see where it goes. Ask them why they are not letting you stay as you are the eldest son,at times shout and at times be cold. Come back and tell us how the meeting went with them in this forum again... After that contact me through Lawrato
Answer #5
776 votes
You have to collect all the property papers only after we would be in a position to initiate Legal proceedings. For claiming your share you need to file a partition suit in the court having jurisdiction of the property.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."