Legal procedure to claim share in paternal property

741 votes

You need to file a case and ask for your share against your brother and sisters. Then after getting the order from court you will be able to get your share. You need to file a partition suit against your legal heirs.

Advocate Subhankar Sanyal LawRato

673 votes

You can file partition suit before the Ld court for claim your share from your father property. And you can also lodge a complaint at concern police station for against the said threat to your wife. For further assistance contact me.

Advocate Shanti Priya Das LawRato

826 votes

There is both civil and criminal remedy. The querist can fle a GD with the local police station against brother for the threat FIR will not be a well come step. He can then issue letters to all the brothers and sisters that he wants a partition of father's property. For immoveable property he can file a partition suit if the brothers do not agree mutually. For moveable property he should first know detail of such property. He will have to apply for succession certificate along with other legal heirs. If others do not agree then he has to file a suit.
The above are based on the understanding that querists father has died intestate.

Advocate Dr. Saibal Chandra Pal LawRato

930 votes

First of all, it is necessary to move to the criminal court to safe guard you and your family. thereafter you may move to the civil court in order to get the share of your property. there is also another option to move directly to the civil court and solve the matter. i even handled many matters in the hooghly and howrah district courts regarding the same types of matter. it will be more convenient to advice you better when we meet up.

Advocate Sreemon Bose LawRato