Clarification on share of son in father's property
22-May-2023 (In Property Law)
Hi, my father expired dt.01.July.16 without leaving any Will (Hindu). He survived with my mother, myself, my younger brother. We got a Succession Certificate from SDM office (Rampura, Delhi) in which all 3 names are mentioned. My father left a 100 sq yard house of 2 storey at Hari Nagar, Delhi and now my mother and my younger brother are not willing to give my share in it. I want to understand legally am i eligible to have my share within the house and if yes, how can i proceed and to whom to approach. Also, my mother and brother are additionally claiming that they have a signed paper from my father which states that my father transferred house in my brother's name only however they are not showing the said paper to me. Thanks in advance.
Dear sir .please note in terms of the facts as mentioned by you .You clearly have equal share in the property of your father and if you want a share or money equivalent to your share you can either enter into a family settlement and if the same does not work out you can file for partition.
The legal formalities for the same will be expalined ober a detailed consulatation.
The legal formalities for the same will be expalined ober a detailed consulatation.
Legally, you're entitled to your share in the property, which no one can take away from you. Even if they claim to have a signed paper from your father, it's legality and validity has to be checked. I don't think it would be valid.
What you can do to claim your rights, is to file a case for possession, and/or partition. The court will grant you your rights.
What you can do to claim your rights, is to file a case for possession, and/or partition. The court will grant you your rights.
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.
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