Sibling not sharing any documents or death certificate

Querist : Anonymous (Querist) 08 May 2023 This query is : Resolved
Hello,
I am a married woman with a family living in Kolkata. My mother died a few weeks ago and did not leave any will. My mother lived with my brother, and my brother is not interested in sharing the property owned by my mother. He has all the documents, like a pan, voter id and death certificate. When asked to share those documents, he denied it. What should me my next step?

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If your sibling is refusing to share your late mother's property documents, including the death certificate, and is unwilling to share the property itself, you have legal recourse. You can attempt to gather property details through relatives or by obtaining an Encumbrance Certificate (EC) from the Sub-Registrar's office. If direct requests fail, you may need to file a suit for partition to claim your share of the inheritance. Consulting a local lawyer experienced in inheritance law, particularly under the Dayabhaga school applicable in West Bengal, is highly recommended to navigate the legal process effectively.

Isaac Gabriel (Expert) 08 May 2023
You can contact your relatives and try to secure the details of properties she possessed and proceed legally.

kavksatyanarayana (Expert) 08 May 2023
You can apply for EC for 30 or 40 years in Sub Registrar office then you find the your mother's documents.

T. Kalaiselvan, Advocate (Expert) 09 May 2023
Why do you require the identity documents or death certificate.
If you have the details then you can approach the concerned registrar/local civic body to obtain a copy of the death certificate and can approach the sub registrar to obtain a certified copy of the registration document too.
After that you can file a suit for partition and claim your rightful share in the properties left behind by your deceased mother

Advocate Bhartesh goyal (Expert) 09 May 2023
Yes if your brother is denying to give you your share in properties left by your mother,you need to file suit for partition and claim your share.

Dr J C Vashista (Expert) 09 May 2023
PAN Card, Voter ID and death certificate of deceased are really required by you ? What is your purpose for these documents ? Your brother must have obtained legal heir / surviving member certificate from area Tehsildar, approach this authority for another copy.
otherwise
File a suit for partition and possession of properties left behind by deceased through a local prudent lawyer, as legal representatives of a deceased (including yourself) are interested.

Sudhir Kumar, Advocate (Expert) 09 May 2023
Your query is not clear.

whether you want to stake claim on property?

A V Vishal (Expert) 10 May 2023
women have rights under the Dayabhaga school of Hindu law. The Dayabhaga school recognizes the rights of women in matters of inheritance and property ownership. In the Dayabhaga system, women have the right to inherit and own property, both movable and immovable, just like men. They can receive and hold property through testamentary succession, as well as through gifts, purchases, or any other legal means. Women can also dispose of their property through a valid will, designating successors according to their wishes.

Unlike the Mitakshara school, where inheritance is primarily based on the concept of coparcenary and male lineage, the Dayabhaga school emphasizes individual ownership and freedom of disposition. This allows women to have independent rights over their property and to exercise control over its distribution.

It's important to note that the specific rights and regulations may vary depending on regional customs, personal preferences, and applicable laws. It is advisable to consult with a legal expert or refer to specific legal texts to understand the intricacies of women's rights within the Dayabhaga school of Hindu law.

A V Vishal (Expert) 10 May 2023
My response to your query is in assumption that you are from West Bengal

Sudhir Kumar, Advocate (Expert) 11 May 2023
You have not even stated what is your query.

P. Venu (Expert) 12 May 2023
Yes, why do you require these documents?

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