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What to do my brothers are not giving my share
04-Jul-2023 (In Property Law)
My father and mother have passed away we are total 5members iam 3rd daughter and rest are brothers my father has a property his will is equally share to all after he passed away it was regestired on all members it's combined property now but my brother's are not giving my part in that property they are not showing the document to me but it was registered on all 5 members when my father passed away if I ask them that are saying that they will sell the document to pan barrower or take money from pan brokers on this property they are not ready to share it at any cost so what should I do how can I take my share they are keeping the document s with them please help me
Hi..
In order to get your share in the subject property you can file a suit for Permanent Injunction in the court along with an application Under Order 39 Rule (1) and (2) CPC. By doing this you can ask the court to put a stay to your property and this will also restrain them to create a third party interest.
After this a suit for Partition can also be filed so that you can pray the court for your share in the subject property.
In order to get your share in the subject property you can file a suit for Permanent Injunction in the court along with an application Under Order 39 Rule (1) and (2) CPC. By doing this you can ask the court to put a stay to your property and this will also restrain them to create a third party interest.
After this a suit for Partition can also be filed so that you can pray the court for your share in the subject property.
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Adv. Shivankar Mehrotra
Delhi | 25+ Answers
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You should immediately file a Suit for partition and declaration before the relevant court. In the suit you can file an application for production of documents and get a direction from court as per which your brothers will have to produce the will. If you delay it then the chances of them doing something adverse are higher. Therefore, it is advised that you act fast and approach court at the earliest.
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Adv. Satakshi Sood
Delhi | 25+ Answers
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you should approach the court. you have both civil and criminal remedy. Kindly get in touch for effective quick remedy. do not worry that you do not have relevant papers. the court shall order for the documents to be produced.
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Adv. Mukesh Choudhary
Delhi | 100+ Answers
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If the will was properly drafted and registered at the concerned sub-registrars office abiding all the rules and regulations, then a copy can be obtained by member if accompanied by a lawyer. After obtaining a copy of the will your lawyer can file injunction suit restraining them for leasing out, selling or mortgaging the said property.
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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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