Father Property

Dinesh Jadav (Querist) 07 September 2009 This query is : Resolved
Hi, My Father died last year with leaving one of Flat property behind. Currently my Elder brother staying in same placeand due to space cunch my father advice me to stay another place which is own by me after my marriage. My Elder bro had done property transfer from my fater name to his name (No financial transaction available in record) due to his health problem withoout witnessing me and my yonger sister which came to know only when he asked us to sign certian docs which he need to submit to society as NOC to make owner of Flat. My father did not made any wil.

Now what are chances which i can ask for my and my sister part from this flat and how we can approch.

riven

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A. A. JOSE (Expert) 07 September 2009
Your question appears to be confusing. If the property has already been transferred in his name, then where is need for your elder brother to take your NOC please. Further, on what document or basis such a transfer has been effected has also not been clarified. Unless clear details and correct facts are furnished, proper opinion cannot be expected.riven

sanjeev murthy desai (Expert) 08 September 2009
Dear Dinesh Jadav,

In the above case you and your sister have 1/3 share in the property. So file a Parition suit in the jurisdictional Court against your elder brother.

And also file a complaint of cheating and fraud case against your brother in the jurisdictional authority.riven