death without making a Will

Querist : Anonymous (Querist) 21 December 2010 This query is : Resolved
My father died without making a Will. When we brothers splited 12 yrs back My father has taken his part from our family assetts. Now father died without making a Will. I am living abroad. Before 2 months of the death my brother has transfered father's all assetts on his name. I came to know after death of father. Now what may I do to claim my portion from father's assetts ?. Can I go to court ?,During whole life father was 10 percent partner of A cotton ginning mill. May be before the death of father My brother might have transfered on his name. So what can I do in this matter. Pll guide me. Thanks in advance

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s.subramanian (Expert) 21 December 2010
If the transfer has been effected by your father himslef,you have to challenge those transfers as illegal and fradulent by filing a civil suit.

Y V Vishweshwar Rao (Expert) 21 December 2010
If it is presumed that father and brothers spilted 12 years ago ( partitioned ) father has taken his share and sons have taken their shares . After partition the father is the exclusive owner of his share and with all right to dispose the property as he like - Out of Your query it is not clear how your brother transfered all the assets of your father in his name - ? . With knowledge of father or father intentionally transfered his assets to your brother- ? . or was there any fraud or coercion or undue influence or any other deceiving tactics played by your brother on your father to transfer his assets to him - all thee facts to be considered for taking a legal action - if thee is no knowledge to your father /or/ the other facts mentioned above are there- which can not be treated as legal transfer- if so you are entitled for your due share by filing a Civil Suit for your share in fathers assets ignoring and disputing the illegal transfer documents!

adv. rajeev ( rajoo ) (Expert) 21 December 2010
I agree with Y.V.V. Sir,

Kirti Kar Tripathi (Expert) 21 December 2010
i also agree with Mr. y.v.v. Rao.

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