Property legal heirs


Hello,
We are two brothers and I am being the younger. My father recently passed away where the house property is under the name of my father and elder brother (Joint owner).

Correct me if I am not wrong, as per my knowledge I become the legal heir of this property. if yes than what procedure or action shall i take for not getting this property transferred or sold without my notice to/by my elder brother and what letter is required to be submitted to the society for non transfer or non change of ownership ?

Second, as per hindu law what percentage of share I hold if incase we sell this property in future?

Request you to please assist.

Regards !!
 
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subregistrar/supdt.(retired)

Dear querist, the property was purchased by your father and brother.  So your father and brother have equal rights over the property.  Now as your father died, his 1/2 share in the property shall devolve between you and your brother. You and your brother divide your father's half share property in two equal shares.  That is your brother will get 3/4th share and you will get 1/4th share.  If your brother wish to sell the property, he can sell his 3/4th share only.  If he sell entire property, file case in court by consulting an advocate of your area.

 
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Thank you so much for your reply.
Is there a way to notify the society to not to transfer the ownership to my brother's name through any written communication/letter or can I notify the society of me being the legal heir ? Do I hold the right to do so ?
 
Reply   
 

Thank you so much for your reply.
Is there a way to notify the society to not to transfer the ownership to my brother's name through any written communication/letter or can I notify the society of me being the legal heir ? Do I hold the right to do so ?
 
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Issue legal notice to society thru advocate
 
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Advocate

Your father's share in the property is jointly vested with all his legal heirs, you included.
 
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Retired employee.

Instead of issuing a notice to society directly, make mediation efforts through elders and demand your 1/4share (if any) from your brother.  If the mediation fails, contact local advocate for proper advise, and demand share of your property.  When all these efforts failed, you may have to seek partition through court finally. Mere transfer of the name in society cannot bring any relief to you and because the property was changed by society, your brother can not get any additional rights.

 
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CEO

It will be in your interests to inform the Society of your legal rights in the ownership of the flat.
 
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CEO

It will be in your interests to inform the Society of your legal rights in the ownership of the flat.
 
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