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Property transfer without knowledge of one of the owners
26-Mar-2023 (In Property Law)
I am the only daughter of my parents. Both of them are no more now.there is a house in kozhikode in the name of my dad and his three brothers and three sisters. Now they want to transfer it to the name of one of his sister... My dad and his two brothers alone are married and have children... Sisters are in married. Now they need my dads and moms death certificate to transfer it legaly to their names. Don't I have any rights in it... They are trying to cheat And avoid me telling that I am in Dubai... But I live in tamilnadu... Do I have rights to oppose them... If so what should I do?
You have a lawful right on the property inherited by your father. So you can either contact other brothers / sisters of your father through a mediator and ask them to divide the property. If they refuse to do it, you can send a lawyer's notice to them for partition of the property. Even then, if they refuse to carryout partition you can file a partition suit before the court and the court will arrange to partition the property as per law.
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Adv. Lawrence D Cunha
Kochi | 25+ Answers
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Your Dad's right is devolved upon you on his death and therefore his brothers and sisters cannot do anything without your consent. They cannot take away your right and transfer the property by simply producing the death certificates of your parents. They need to produce the legal heirship certificate also which will reveal you as his legal heir. So you are entitled to for a share in the property. However, they are free release their respective rights in the property in favour of one of the sisters, but that will not take away your right.
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Adv. Nelson Joseph
Kochi | 100+ Answers
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kindly be more specific ..... like what religion you belong to etc either way generally you are entitled to your parents property. kindly apply for and obtain a legal heir ship certificate from respective office.
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Adv. Praveen P
Trivandrum | 25+ Answers
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