Property rights

risheta (Querist) 08 July 2014 This query is : Resolved
my brothers have divided the property within themselves without including me in it.
the propert says that my mother has nly 3 children wheras i am excluded.
there is no mention of my name neither any thing has been given to me
what should i do ?

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Advocate M.Bhadra (Expert) 08 July 2014
If the property is in your mother's name and she died intestate(without making WILL)then you have equal share of property.If your mother still alive then you can not claim,she can gift or sell to any body during her life time.If your mother already died then you can file a Suit for Partition and Injunction to claim your share,you can also file a Criminal case.

ajay sethi (Expert) 08 July 2014
issue legal notice . file suit for partition and for injunction

Rajendra K Goyal (Expert) 08 July 2014
consult a local lawyer. If your mother is alive, you have no claim in her self acquired property.

Lawyer SALEEMA KABEER (Expert) 08 July 2014
Partition effected by excluding any sharer is not legally valid. You can legally challenge the same by way of filing partition suit.