Brother trying to claim share in father's property, what to do?

516 votes

Mam you need to check firstly, in whose name plots, house or any other property are? Then you have to check whether there is any will to that effect. Whether any property is in name of your mother? Check the records or sale deeds etc. If all properties are in name of your father then you can file suit for partition by metes and bound and can also file injunction suit.

Advocate Ruchi Sekhri LawRato

860 votes

Yes, you may file your share out of property by filling suit for partition.
You have to approach to the civil court. This is only way to claim your share. Otherwise there is no way to claim your share.
As soon as you should file suit for partition and also application for ad-interim injunction. So that they may not sell or create third party interest in that property.

Advocate Jagan Nath Bhandari LawRato

587 votes

Since your father has died way back in 2004 without any Will, you all children alongwith your mother would inherit the property of your father in equal share. Your brother cannot claim or force you or your other family members to transfer property in his name alone, if he do so, you have appropriate remedy of filing a civil suit against him. But certainly, he is also entitled to 1/5th share of his father's property. Else would depend upon your property documents which would clear the picture.

Advocate Deepak Verma LawRato

734 votes

With respect from 9th September 2009, all the class I heirs i.e. son, daughter, mother have equal shares in the property of the deceased father dying intestate under Section 6 and 8 of the Hindu Succession Act, 1956.
Therefore in your case, if partition has not taken place from the date of death of your father till 09.09.2005, you can legally claim your right/share in the deceased father's property. Even your mother is entitled to equal share in such property.
It is advisable to not to give up your or your mother's share in favour of your brother as you and your mother are legally entitled for your share in the property.

LawRato LawRato