Claim on my father's propety


My father died intestate in 1991 and my mother passed away in March of 2004. We are two bothers and two sisters. After the passing of my mother, my two bothers and one sister mutated the propety (self acquired by my father) between themselves in 2005. Neither did they take any no objection from me nor did I get any share in the real estate property left behind by my father. Can I still claim the right of my share in the propety under the Hindu Succession Law?

Situation:

1) The propety has already been distributed and registerered in the names of my two bothers and one sister

2) Approximately 7 years have passed by since the mutation

 

 
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Advocate

You have one fourth share in the property , vested in you by inheritance ,Mutatuion entry is not decisive of the title to the property , court will  also disregard it file a suit for partition ,

Feel free to conytact for more .

 
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practicing advocate

Now also you can claim your share, you have got equal share along with your brothers and sisters.  Drafting is very important, because it is already 7 years passed away.

 
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Advocate

Originally posted by :Shantilal Pandya
"
You have one fourth share in the property  vested in you by inheritance ,Mutatuion entry is not decisive of the title to the property , court will  also disregard it. File a suit for partition before it is too late,documents  created by other three will not bind you. 

Feel free to contact for more .
"


 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Querist,

Suit for Declaration to get the mutation set aside as illegal + Partition and seperate possession of your share is your remedy as as soon as your father died property to the tune of 1/4th vested in you immediately. Which you can't be deprived of. Such suits can be filed within 12 years from the date when you first came to know that you've been excluded from the property wrongfully (as per S.110 of the Limitation Act)

 
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Hello Bharat,

Thanks for your response. I have few other questions:

a) Two of my brothers are planning to sell their share of the property. Can I file an injunction to stop the sale? If not, what step should I take to prevent the sale.

b) Currently I live in Mumbai and my paternal property is in Assam. If I want to file an injunction, do I have to be physically present in my hometown of Assam while filing the injunction or I can file the injunction through a lawyer in my hometown?

c) If they sell the property before I could take any action, do I loose all rights to my share?

 

 
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Hello Advocate Pandya,

Thanks for the response. could you answer a few more of my question:

a) What should be the step wise procedure for filing for partition?

b) What all documents do I have to furnish while filing for partition?

 
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Hello Adv Rajeev,

Thanks for your response. Can my claim be nullified beacuse its been 7 years since the division took place?

 
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professional Advocate

what have you done since last seven years? anyway, Now also you can claim your share equallent along with your brothers and sisters.

 
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