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Legal Heir Rights

(Querist) 14 September 2010 This query is : Resolved 
Dear Sir/Madam,

My father passed away end of 2008 and his self earned property(House)is in Chennai,India.

The Legal Heir for this property is My Sister,My Mother and Myself,since my sister is living in that property and receiving rent from 3 trnants, she is refusing to sell the property and divide the shares.

What can i legally do to obtain my share from this property.please advice.

Kind Regards.


Sarath Ramamoorthy
Devajyoti Barman (Expert) 14 September 2010
You can file a suit for partition and accounts to get your share in property and profit as well.
R.Ranganathan (Expert) 14 September 2010
File suit for Partition and mesne profits as suggested by Mr. Barman.
Parthasarathi Loganathan (Expert) 14 September 2010
First you should obtain legal heirship certificate and file for succession certificate for determining the share of the estates of your deceased father.
s.subramanian (Expert) 14 September 2010
You can directly file a suit for partition and separate possession. There is no need for any succession certificate since you are claiming share in immovable property. Wish you good luck.
Prakash Yedhula (Expert) 14 September 2010
You can file a suit for partition and separate possession. You can also file an application in the said suit for a direction seeking the tenants to deposit the rents into court so that you all the three of you can share the rental income.
Sarath Ramamoorthy (Querist) 01 October 2010
Mr.Y.Prakash,soory for the delayed reply,Thank you for your advice and i will contact you in near future.


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