share among brothers after parents death

Hello sir We are 3 brothers & 1 sister. After died our parents, we want to share the property. But my brothers are refused to give my share including documents My brothers are all in india But i stay in overseas.( Foreigner) I do not have any documents How to get my share without problem with my brothers. Please advice me Thanks, Muthu

Answers (3)

230 votes

Definitely you have a right over your parents property. you have to file a partition suit before the territorial civil court by indicating the properties of your parents. you please appoint a power of attorney to represent you in all legal issues in India if you want to dispense your presence.

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134 votes

What is the details of property where it is situated.Did you ever asked them in writing ?
What exactly their answer when you asked them last .These are the basic important matters
to proceed with .Then You may send a detailed letter on your own about right of share in the property .Also tell them
to give copy of the documents for your file.Request them to settle the interest in
their own interest .write a detailed letter that after the demise of father when you
asked they did not respond etc.Give them a time frame and tell them to resolve the issue
amicably.If no answer from them in writing or if you are not satisfied you can sue them
in court of law after one more letter to them giving a final word where in you can say that
if they do not respond they may be given legal notice through a lawyer and the place may
be barred from use and also cant be sold to anyone.

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148 votes

First you send a legal notice seeking partition and separate possession of your share in the property, if there is no response then you may approach the court with a suit seeking the above relief.
First of all you have not disclosed that what is the nature of the property whether it was your ancestral property, if so, whether you were married before the latest amendment made in the year 2005 with regard to succession?
You have to state the current status of the property and also confirm if it was a your parents' self acquired property and whether your parents still alive or not.

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