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Brother not willing to co-operate to get legal heir certificate


18-Sep-2023 (In Family Law)
Property is in mother's name who unfortunately passed away last year. She left no will. My father is still alive and we are 2 children (one son and one daughter) who would be legal heirs. However, brother claims all the property for himself and does not want to give anything to the sister. Hence without his cooperation we are not able to get legal heir certificate as he is not signing. What can be done? How can we partition the property if he refuses to sign/co-operate?
Answers (1)

Answer #1
874 votes
Hello Mam, having property in your mother's name yourself, your brother and your father are the legal heirs and hence all three of you have absolute right over that property equally. if your brother is not accepting to part the property then you may send a legal notice to your brother and file a partition suit and you may get your part of property separately through means of Court's order, after this you can do anything over your share of the property.
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