Right in property
pratyu
(Querist) 22 June 2013
This query is : Resolved
sirs
our father inherited prop from his father.he had 47 acres land in andrapradesh.i am not aware what happened to the 10 acres land in between,now i am told that there is only 37 acres left.my father dint sell the prop in his lifetime.
our father died intestate in 1998.my younger brother had applied loan in bank for business20 years ago.
my second brother had signed for surity for that loan.they both dint repay loan till now since 20 years.they are enjoying all the prop which is 38 acres and the pattadar pass book is still in my fathers name.
we are 6 children ,3 daughters and 3 sons.
our mother died in 2012.
i was not informed of my mothers death.i am the 2nd daughter and am married.
i want to claim my share in prop.
my brothers are not ready to divide prop now.they say that they will sell the prop and repay debts and will then divide remaining prop among themselves and will not give any share to daughters i.e us.
can i claim for my share immidiately.
do i have to take responsibility in debts made by them.please kindly inform me about the procedure and how to approach court since my brothers are violent and i m not aware of my rigts and legal matters.
thankyou.
Adv Archana Deshmukh
(Expert) 22 June 2013
You have a share in the property. You can claim it by filing a suit for partition in the civil court. Consult a local lawyer.
Raj Kumar Makkad
(Expert) 24 June 2013
Your share neither can be motgaged by your brothers nor have you liability against the said loan. You should file a partition application with Talathi and should get the share partitioned. A local lawyer is required to be engaged for this purpose.
