K (N/A) 16 December 2013

Legal heir unwilling to part with original sale deed

Dear Sir/Madam

My deceased mother has land (5.7 cents) and a House on that land in Kerala

We are two daughters, both married and we are the only two legal heirs.

My father passed away in 2010.

The elder daughter (an NRI) has forcefully taken away the Original Sale deed of the property and all the remaining gold of my mother - without sharing them with me.

1) What are my rights with respect to:-

a) My deceased mother's gold/jewellery?

b) My deceased mother's property?

As the elder daughter is leaving India in two weeks and is not communicating with me is there a legal procedure for the above?

Please help as I have no assets or income in my name..

Thank You

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3 Replies

GOPAL SHARMA (LAWYER) 16 December 2013

YOU HAVE EQUAL SHARE IN YOUR MOTHER'S MOVABLE AND IMMOVABLE PROPERTY. YOU CAN LODGED A FIR UNDER SECTION 379,420,467 TO 471 IPC AGAINST HER .AND APPLY FOR ATTESTED COPY OF SALE DEED IN REGISTRAR OFFICE AND FILE A CIVIL SUIT AGAINST HER.

T. Kalaiselvan, Advocate (Advocate) 17 December 2013

You have equal share in your mother's movable and immovable properties. Apply for a certified copy of the property documents. Send her a notice to share 50 percent of the jewels and also ask her to come for an amicable partition of the immovable properties too, if she is not coming forth, you may file a suit against her