How to safeguard my share in property as I am not staying abroad
06-Nov-2023 (In Property Law)
We are a Hindu family of 2 brothers, 1 sister and have a property in South Delhi. My father passed away in 2010. According to his will, he has given GF to me and FF to my younger brother, 2nd floor to my mother to be given to me and my brother equally after her and has instructed each of us brothers to give 2 lacs each to my sister. He has mentioned that he is not giving any part of property to my sister. I believe my brother and sister do not have good intentions and are trying to grab my share. I have been living in Australia and do not physically live in the property although I am planning to return to India soon. Is there a way to safeguard the property against unauthorised sale or modifications.
sir, you have not clarified that the Will of your late father is registered with or not. Every will is required to get probate and for this probate petition shall be filed and after getting probate your share will be determined by the court for this it requires to authorize a lawyer to contest your case or authorized any of the person who is closed to you to appoint advocate and also to file this probate petition.
you can file a declaration, injunction suit against your brother and sister wherein the court will declare that you are the lawful owner of the FF of the property along with 50% share in the second floor.
As per the will made by your father in your favor you have got the ground floor of the property and your father passed away in the year 2010.now as per the legal position you are the sole owner of that property because a will once been made it comes into the execution after the one moth of the death of the legattor now you having the title on the ground floor and now your brother and sister even if they are having a ill-will or malaise intentions towards your property they can not be succeed in that .Along your title and possession on the property u may get declared the property in your favor by filing a declaratory suit then non of the them will have any eye towards your property
You may have to file a civil suit for partition , the only remedy you have to take possession or your share in the property. For that court needs to see the appropriate title documents of the property belongs to your father. First you have to locate your property titled documents and other documents if any to show how the title of such property belongs to your father. The documents on which you rely and declare that said property belongs to your fathers and you have an appropriate share in such property.
Dear Client
Prima Facie on reading your Legal Query we can say that You have two options:-
Option 1- Suit for Partition may be filed before the Delhi High Court for settling the matter.
Option 2- File a Probate Application to enforce the Will.
Before taking recourse to any of the above it will be advisable to send Legal Notice to all Legal heirs with full details.
This is the tentative advise of TILA. However TILA will be able to share more appropriate Course of action after perusing the Will mentioned herein above.
For any clarification you can contact Lawrato Team.
Hope this is useful to you.
Prima Facie on reading your Legal Query we can say that You have two options:-
Option 1- Suit for Partition may be filed before the Delhi High Court for settling the matter.
Option 2- File a Probate Application to enforce the Will.
Before taking recourse to any of the above it will be advisable to send Legal Notice to all Legal heirs with full details.
This is the tentative advise of TILA. However TILA will be able to share more appropriate Course of action after perusing the Will mentioned herein above.
For any clarification you can contact Lawrato Team.
Hope this is useful to you.
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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