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Can I paste notice outside the house as a legal heir


11-Mar-2023 (In Property Law)
My father and mother are equal owners of a flat in mumbai and my mother suddenly died in 2011 and then my father removed her name from society share certificate and became sole owner of the flat without my consent and then later my father transferred the property to my younger brother and then i send both of them a legal notice claiming my rights but the did not accept the notice. My advocate suggested me to paste a notice outside the house so he doesn’t sell the flat to third party. My younger brother did police complaint for the same and police told me that you are trespassing the property and gave me a warning not to paste the notice so I want to know am I allowed to paste notice outside the house as I have full rights in my deceased mother’s share. Can police stop me for pasting the notice and charging me as a trespasser. The police was supporting my younger brother and was indirectly threatening me to put behind the bars and I think he must have been bribed for doing this.
Answers (2)

Answer #1
699 votes
Boss the easiest remedy is to file a partition suit and claim a share in your deceased mother’s estate.
And also involve the society as a party to this as they have connived and colluded in transferring the remaining portion of mother’s share into the exclusive name of your father without getting any document or a public notice.

You cannot paste it outside somebody’s house.
Answer #2
926 votes
If you claim your rights on the property file a suit for the same in the civil court
You may paste the notice outside of his house but that is not service as per e general clauses act
If you claim your rights on the property you have to show the bona fide to the court that the change of name on the share certificate was illegal

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