×
  

Continue to LawRato.com with Google


Continue

Can brothers claim equal share in deceased father's property & FDs


My father died recently. My mother is a nominee in all FDs of post office accounts and properties. My brother has threatened my mother, who is a mental patient and has kept her with him. I am a legal heir and have a legal heir certificate too. When I asked him about sharing property, he kicked me out of the house. Now what should I do for the sharing of the property?


Answers (2)

There are many facts that need consideration. If someone can kick you out of your family house also needs consideration based on the materials and circumstances of your case and you seeking help and advise online won't help. You need to consult an advocate first and that too as soon as possible.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LEGAL PROVISION PERTAINING TO PARTITION / SEPARATE POSSESSION PF SHARE.

Rule 18 of Order 20 of the Code of Civil Procedure (`Code' for short) deals with decrees in suits for partition or separate possession of a share therein which is extracted below:

"18. Decree in suit for partition of property or separate possession of a share therein.--

Where the Court passes a decree for the partition of property or for the separate possession of a share therein, then, --

(1) if and in so far as the decree relates to an estate assessed to the payment of revenue to the Government, the decree shall declare the rights of the several parties interested in the property, but shall direct such partition or separation to be made by the Collector, or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with such declaration and with the provisions of section 54;

(2) if and in so far as such decree relates to any other immovable property or to movable property, the Court may, if the partition or separation cannot be conveniently made without further inquiry, pass a preliminary decree declaring the rights of the several parties, interested in the property and giving such further directions as may be required."

ANSWER TO THE QUERY:

1. The best solution in such cases is to file a suit for partition.

2. If your brother and mother are opposed to partition, you can file a suit for "Separate Possession of Share."

CONSEQUENCE:

1. In a suit for partition or separation of a share, the prayer is not only for declaration of plaintiff's share in the suit properties, but also division of his share by metes and bounds.

This involves three issues:

(i) whether the person seeking division has a share or interest in the suit property / properties;

(ii) whether he is entitled to the relief of division and separate possession; and

(iii) how and in what manner, the property/properties should be divided by metes and bounds?

2. In a suit is for partition or separation of a share, the court at the first stage decides whether the plaintiff has a share in the suit property and whether he is entitled to division and separate possession.

3. The decision on these two issues is exercise of a judicial function and results in first stage decision termed as `decree' under Order 20 Rule 18(1) and termed as `preliminary decree' under Order 20 Rule 18(2) of the Code.

4. The consequential division by metes and bounds, considered to be a ministerial or administrative act requiring the physical inspection, measurements, calculations and considering various permutations/ combinations/alternatives of division is referred to the Collector under Rule 18(1) and is the subject matter of the final decree under Rule 18(2).

Popular Property Lawyers

Advocate Prabhjit Jauhar
Connaught Place, Delhi
21 years Experience
Advocate Harish Malhotra
District Court, Gurgaon
21 years Experience
Advocate Prashant Mendiratta
Lajpat Nagar 4, Delhi
25 years Experience
Advocate T Kalaiselvan
Kosapet, Vellore
17 years Experience

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

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Fixed Cost Legal Services

Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
Fixed Price Rs. 9999
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Fixed Price Rs. 3499
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
Fixed Price Rs. 6999
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Fixed Price Rs. 4999
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Fixed Price Rs. 9999
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Fixed Price Rs. 4999
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
Fixed Price Rs. 6000
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Fixed Price Rs. 7499
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
Fixed Price Rs. 2499
30 Min Intro call + Start to finish help
15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Fixed Price Rs. 499
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Fixed Price Rs. 1999
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Legal Heir / Succession Certificate

4.8 | 71 ratings
Fixed Price Rs. 19999
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

sir.. my father has two brothers.... after the death of our garandfather.. my father decided to make a shed for our vehicle.. but both the brothers im…

Read More

can I claim for share which my brother in law sale property of my late father in law after transferred his name without giving us our share, my husban…

Read More

My father expired 4 years before, he had own a house with 20 cent land. After that my mother is living alone in this house. I have 1 brother(elder) an…

Read More

Hie.. it's been 25 years since this case is pending.. 4 sons and 1 daughter to my grandmother.. she owned the property.. later she gave it to d yo…

Read More

Get free assistance for your legal issue