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How to claim property rights from family members
24-May-2023 (In Property Law)
I'm the youngest daughter in my family and I have two elder brothers and I have a step mother. My father and mother expired. Property is in thrissur, Kerala is in the name of my real mother. I want to know whether I'm entitled to share of property and who gets the house. Property is half acre land with a bungalow. If land has been divided then Who gets the bungalow? My two elder brothers are not allowing me to enter the bungalow. What to do? Is it possible that they share the property within themselves without my consent. I'm married in1993. And I have two kids. I'm Hindu
You certainly have a share in the property of your late mother; the property is equally vested in all the siblings. You can file a suit for partition. It is advisable that an amicable settlement is attempted and/or a Notice is served through an advocate before approaching the Court.
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Adv. P Venu
Vaikom | 500+ Answers
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You can file partition suit in munsif court.you can get attachment for the property through the suit for any alienation sale etc.you are entitled to one third of the total share and your brother's have also the same right
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Adv. Kishore R
Kochi | 25+ Answers
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Of course you are entitled for a share. How much area you will get and whether you will get the bungalow etc cannot be said right now. You may have to approach the civil court for partitioning the property making other legal heirs of your mother as opposite parties in the case and the court will pass a preliminary decree declaring who all are the sharers and the share details of each person. The court will also appoint an Advocate Commissioner for dividing the property as per the order. Based on that the court will pass final order in which it will be stated as to who will get what. You can make a claim for Bungalow with some proof showing your genuineness in the claim.
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Adv. Nelson Joseph
Kochi | 100+ Answers
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You will get the respective share in the property. You have file a suit for partition . The court will divide considering the value of the bangalow and thereafter fix the share'...
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Adv. Girish K. Raj
Kottayam | 25+ Answers
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