Father died leaving behind property elder brother not giving his share
14-Nov-2023 (In Property Law)
I have ancestral property basically my fatherand mother who passed away .. which is controlled by my elder brother and is not informing or letting me know of what it consists of and also not giving me any access my sister who was a Minor has now become a major this year , how do I protect my rights and have access to it ... As per my knowledge there was a legal heirship certificate where 3 of us are listed I believe and I'm Christian even shares of my parents being in the question which was transferred over or holded parents had no will as well
All the children have equal rights in the property of their deceased parents who dies without executed any will. If your Elder brother is not willing to act according to the law or settle the properties amicably, you may have to approach the civil court which has the jurisdiction of that property by filing a partition case. The court will pass a decree confirming the rights of each persons and an Advocate Commissioner will be appointed to physically divide the property to each person.
Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.
In your case after the death of father all the legal heirs become the owners of his property unless he is not created any will or document with regard to the property in his life time. If you want to separate your right over the property file a partition suit
A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect. Thus any property which has not already been bequeathed or allocated as per legal process, will, upon the death of the owner, insofar as he is an Indian Christian, devolve as per the rules contained in Chapter II of the Act. It would be worthwhile to note at this point that intestacy is either total or partial. There is a total intestacy where the deceased does not effectively dispose of any beneficial interest in any of his property by will. There is a partial intestacy where the deceased effectively disposes of some, but not all, of the beneficial interest in his property by will.
In your case after the death of father all the legal heirs become the owners of his property unless he is not created any will or document with regard to the property in his life time. If you want to separate your right over the property file a partition suit
A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect. Thus any property which has not already been bequeathed or allocated as per legal process, will, upon the death of the owner, insofar as he is an Indian Christian, devolve as per the rules contained in Chapter II of the Act. It would be worthwhile to note at this point that intestacy is either total or partial. There is a total intestacy where the deceased does not effectively dispose of any beneficial interest in any of his property by will. There is a partial intestacy where the deceased effectively disposes of some, but not all, of the beneficial interest in his property by will.
Hi,
In this case you are advised to file a civil case(suit) for partition in the appropriate civil court, along with your sister. So that you will get your portion of the said property in your name and your sister's portion in her name.
Regards,
PT Sheejish,
Advocate,
Ernakulam
In this case you are advised to file a civil case(suit) for partition in the appropriate civil court, along with your sister. So that you will get your portion of the said property in your name and your sister's portion in her name.
Regards,
PT Sheejish,
Advocate,
Ernakulam
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."