Succession in mother's property
Naresh Kudal
(Querist) 28 April 2012
This query is : Resolved
Mr. A's mother has expired about one year ago living her two sons A and B and her husband as her legal hairs. On the time of death she had many movable and immovable properties in her name.
Mother and father lived with one of their son B and A was not aware with the particulars of properties of his mother. After her death all related papers are in B's possession.
A's father and brother don't want to give share in property to A that's why they are not disclosing any details about properties.
A gave notice to his brother and father to declare property details but they didn't replied.
Without details A is unable to file suit for partition. Now in the given case what should A do to get his share in mother's property? Please guide.
Adv.R.P.Chugh
(Expert) 28 April 2012
Dear Colleague - you can file a suit for mandatory injunction seeking court's order to B & father - to bring the original documents before the court. This is akin to the Anton Pillar Injunction in English Law.
Before this your interests may also be served if necessary caveats/intimations/enquiries are made with Registrar/Revenue/L & DO Etc.
Depending on this Partition may be filed.
Devajyoti Barman
(Expert) 28 April 2012
Details of properties needs to be stated else nothing could be done.
Even one property is know , on the basis of it suit can be filed. Any subsequent discovery of more properties could always be included in the suit by way of amendment.
adv. rajeev ( rajoo )
(Expert) 28 April 2012
I do agree with Devajyoti Barman's advice of" even one property is known" on the basis of it you can file suit for partition and in that suit you file an application to direct the defendants i.e., your father and brother to disclose the properties.
Naresh Kudal
(Querist) 28 April 2012
We tried much to get details of properties but no result. Wrote letters to Banks, NSDL and CDSL but they ask for court's order.
Sankaranarayanan
(Expert) 28 April 2012
mr bharat advised well i do agreed with his suggestion
prabhakar singh
(Expert) 28 April 2012
If you are not aware of even a single property the only Mr. Bharat's advise can work for you.
If properties are shares debentures etc.and there is nominee appointed in the demat account then that would go to nominee alone under company law and you can not lay claim about equities shares debentures etc.
Shonee Kapoor
(Expert) 04 May 2012
I agree with Ld. Barman.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
