My share

saraswatik (Querist) 29 June 2015 This query is : Resolved
I am 57 years old widow woman. I have two brothers (A& B). They are elder to me. I am the youngest one. My mother died in 1994 & my father in 1996. A is the eldest one & B is youngest. In their property they have two rooms out of which 1 room is at Mumbai & other one is at Thane & some gold jewellery. After my parent’s death A took all gold jewellery & gave to his wife. These two rooms were purchased by my parents. A was not staying with my parents after his marriage due to daily arguments with his wife. After 5-6 years he came back due to some reasons & started staying with parents in Mumbai room. B don’t have any child. After my parents death my youngest brother & his wife is staying at Mumbai’s room. He has ration card on his name. A added his son’s name on B’s ration card due to job purpose. But the light bill is on name of A.
For the second room Thane where A lives with his Family. That room have ration card in the name of A But room ‘s rent receipt is on the name of B. After 19 years of my parents’ death they never give me share of my properly. I also didn’t ask them as we have good relations hip with them. But Before 1 year A’s wife broke my daughter’s marriage due to which our relationship broke up. Then we had large quarrel about property. But A told me that he will not give any single money & you don’t have any right on property. B is childless, So all property will get to A’s son.
But now I want my property share as I have four children’s purpose , please advice how can I get ?

Follow Query

Report Abuse

P. Venu (Expert) 30 June 2015
You are entitled for a share in you parents property if they had died intestate i.e.without making a will. Other aspects described are not material to the issue.

Rajendra K Goyal (Expert) 30 June 2015
Send legal notice to both of your brothers and file suit for partition of the property.

saraswatik (Querist) 18 July 2015
Sir thanks for your guidance. But i forgot to mention one thing . My elder brother came to me with plain paper after my mothers death &husbands death saying that he wants my signature on it so that he can change ownership of thane room on my fathers name So i gave signature on it . �I didn't read much of it �as i was in depression . �Now he saying that you will not get anything coz you gave signature saying that you don't want property share. �So he cheated me. �In this case can i send him notice for property share?Paper he brought was just a plain paper of notebook .Please guide...

Anirudh (Expert) 18 July 2015
Unless there was any WILL left behind by your parents in favour of your brothers (A or B or A&B), your giving anything on a plain paper has no validity.

You can ask for partition of all the properties left behind by your parents (including the gold jewellery, rooms etc.). But, since you are not in possession of the property, you may have to pay the court fee. This court fee, considering the value of the property in Mumbai/Thane, will be quite high. Please check up. Before that, you have to first give legal notice to your brother(s) by consulting a local lawyer.

Guest (Expert) 18 July 2015
Better Consult a Local Good Advocate and initiate Criminal Proceedings against your brother if there are any misuse of it(your signed plain Paper) and proceed for Legal Partition of the Property.