how to claim for my share
mala
(Querist) 24 February 2009
This query is : Resolved
My grand father had 30000 sqft land, my father had 4 boys and 1 girl(my self).my grand father divided the property in to 5 and wrote will to 4 brothers and to my father, as 5 parts,my father gave his part to me, so i built the house in my fathers share and living for past 25 yeard, pls note that time both my father and grand father alive. But before my grand father my father expired, so i couldn't get anything in written. Later my grand father also expired, since beginning there was no dispute with my brothers, i have not taken my
legal chilldrens cirtificate at the time of my fathers death, he died in 96. my father have hiw own earned property also in which my brothers are living.
Now they dont want to give the share to me, so they divided the property betweem 4 of them and changed the documents to their name without my knowledge.
Still i am living in the same house. I want to claim for my share in the court.
My advocate asking for legal child proof cirtificate.
Now i am 56 years old and my father died on 96,
in this case, in what way i can claim for my share, or how to get the cirtificate.
Pls advise me
We belongs to hindu relegion, my father expired in 96, my mother is alive, apart from my grand fathers property my father also has, his own earned property, now we have to divid
the house in which i am living, and in which my 2 brothers and my mother living, and a vacand land, in that too i m asking 1/6 of the share only as my mother also alive, but they
divided among them self, and changed the documents to their names last month without my knowledge.
sanjeev murthy desai
(Expert) 24 February 2009
Dear Mala,
File a partition suit against your brothers before hon'ble court in respect of your fathers property which are left behind.
Your brothers also have equal right in respect of the your father proprty which is aquired under the will of your grand father.
In your case genealogical tree is enough to proove that you are a daughter.
sanjeev desai
A. A. JOSE
(Expert) 24 February 2009
Dear Mala,
Your background facts need further elaborations to address the questions properly. Kindly indicate about your parents, i.e. both the father and the mother, their religion, in what manner your father gave his inherited property to you, etc. details.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 24 February 2009
Mr. Desai is absolutely right. I do agree with him. For any help u can contact me at:-09711364956/09871158578
M. PIRAVI PERUMAL
(Expert) 24 February 2009
I agree with the views of my learned friends.
Uma parameswaran
(Expert) 24 February 2009
The property is seems to be ancestral in nature.So your brother can also claim their share.Is there any deed in favour of your brother for self earned property of your father? If there is no such deed you can move before court for your share from the same also.
mala
(Querist) 24 February 2009
We belongs to hindu relegion, my father expired in 96, my mother is alive, apart from my grand fathers property my father also has, his own earned property, now we have to divid
the house in which i am living, and in which my 2 brothers and my mother living, and a vacand land, in that too i m asking 1/6 of the share only as my mother also alive, but they
divided among them self, and changed the documents to their names last month without my knowledge.
PALNITKAR V.V.
(Expert) 24 February 2009
You can go ahead with suit for partition. Let your brothers or other co sharers challenge your status as co sharer or your status of LR of your father. If they challenge it only then you need proof. That can be proved through school record, ration card and other numerous documents.
Kamlesh soni
(Expert) 24 February 2009
Mr. Desai is absolutely right. I do agree with him
Ravi Arora
(Expert) 09 March 2009
I do agree with Mr. Desai
