Procedure to claim in property what to do
06-Jul-2023 (In Property Law)
I am BALWANT from allahabad Mam/sir, In my family after my father's death my siblings are planning to throw me out from the house.they are not giving my portion in property,pls tell me what to do now.
Obtain your father's death certificate and file a partition suit in the civil court regarding all immovable properties. You have to make parties all the claimants of the properties of your father. For movable properties you will have to obtain succession certificate from the court. Hire a good civil lawyer.
On the above-mentioned query please file immediately a suit for partition with the application under order 39 rule 1 and 2 along with order 39 rule 7A. The the hon'ble court direct for the inspection report by the advocate commissioner . And thereafter on the next hearing of the case the hon'ble court may the stay order in favour of yours with the consideration of the advocate commissioner's report.
As there is the law under the indian succession act after the death of the father the property will be distributed among the siblings but if your father has executed a will then the property will be distributed according to it and if there is no will and some sibling is playing vice then u can serve him legal notice or else you can ask him to compensate
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