How to get my share in my father's property after his death
19-Jun-2023 (In Property Law)
I am Hindu. My father had some self acquired Agricultural lands. He passed away in Feb, 2015 without any will. After his death my brother and brother-in-law transfered the property in my Mother`s name by colluding with Tahasildar without my knowledge. But still the property is in my father`s name in Adangal Records. I came to know, that they are planning to get the entire property by making a will by my Mohter. how can i get my share and what is the procedure. How to file RTI application with the Tahasildar? and what is the fee. please let me know.
Sir,
1. In the instance, if there is no authentic Will, in the absence of a will or nomination,
succession laws come into play. Property will be equally shared among the legal heirs
2. If they manipulated/forged any will with old date, you can challenge the same in the court.
3. Please note that your mother can not make a will for total property, because she has not
got the legal rights over entire property.
4. Therefore you need not worry much, file a partition suit in the court, to claim your share
in the property.
________________________________________
Krishna Murthy Pasupula| Advocate I Hyderabad|
1. In the instance, if there is no authentic Will, in the absence of a will or nomination,
succession laws come into play. Property will be equally shared among the legal heirs
2. If they manipulated/forged any will with old date, you can challenge the same in the court.
3. Please note that your mother can not make a will for total property, because she has not
got the legal rights over entire property.
4. Therefore you need not worry much, file a partition suit in the court, to claim your share
in the property.
________________________________________
Krishna Murthy Pasupula| Advocate I Hyderabad|
Your remedy lies in questioning the mutation order of tahsildar, probably you were not shown as legal heir or your signature might have been forged. You have to immediately file objections before the tahsildar and also obtain the certified records from tahsil office under payment of nominal fee, RTI is also a good option, Apply u/s 6 of RTI Act to the concerned PIO, find out who is the PIO for your tahsil office. Based on the information obtained, we can challenge the order and set it aside.
Hi
If your father has died without making a will, all of his legal heirs(wife, son and daughter) are entitled to get equal shares in the said property of the father.
Transferring the property in the name of the mother without consent of all of the legal heirs tantamount to fraud and forgery.
you should file a civil case and criminal case against your brother and brother in law for fraud and forgery and claim your share of your property.
If your father has died without making a will, all of his legal heirs(wife, son and daughter) are entitled to get equal shares in the said property of the father.
Transferring the property in the name of the mother without consent of all of the legal heirs tantamount to fraud and forgery.
you should file a civil case and criminal case against your brother and brother in law for fraud and forgery and claim your share of your property.
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