LawRato

How to get my share in my parents property after their death


18-Apr-2023 (In Property Law)
Currently my brother and his wife not giving my share in my parents property. Instead they are threating me, that to file harashment police complaint. In this regard i have already been to police station twice. In police station she was nit talking actual problem, instead she was telling i am attaking her with help of gundas. She is using women right illigaly. Local people were also talking in her favor. Property is in my mother name, this is what i know few years back. Please guide to what can be done here? What is the legal step i can take and how? Can my wife fight the case on my absence? From the last 12 years, tgey are only using full property. My mother died last year.
Answers (2)

Answer #1
663 votes
Dear Sir,
If the properties are in the name of your mother, you can claim your share by partition suit before competent court, police station dont have jurisdiction to adjudicate any property issues and they cont threaten also, your wife file case behalf of you but you have to give GPA for representing your case before court, if they threatening by filing false cases you are at liberty to file case against them misusing of law.
Answer #2
652 votes
This would depend on whether your mother had rights on the property. If she did have a right on the property, then automatically her children will also get equal rights on the property after her death. You could file a suit for partition in the court to secure your right in the property. Your wife can represent you in court provided she has been authorized to do so by a valid Power of Attorney.

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.

Report abuse?

Comments by Users

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."