KARAM APPLEGATE 07 April 2025

Bother trying to take over deceased brothers share

The land and houses in punjab according to the Farad, belongs to 2 of my brothers, I am sure if my father left a will.

we are 3 sisters and 2 brothers, one brother has passed away, we all live in UK

my yonger brother is trying to get all the property onto his own name of my deceased brother by saying he has no sisters, and that my brothe did not have a family

my deceased brother has 6 children, he was married twice, with first wife he has 4 children, 3 daughters and 1 son, with his second wife, he has 1 daughter and 1 son.

What can i do to help my deceased brothers family to inherit my brother's property? and to find out if us 3 sisters are entitled to our fathers property?

Kind Regards

Karam Kaur Applegate

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 07 April 2025

If this property belonged to your father and if he is not alive and reported to have died intestate then the property left behind by him shall devolve equally on all his legal heirs i.e., his wife and his five children.

As one of your brothers is reported;y died, then his share in the property shall devolve on his surviving wife and children out of both the marriages.

you can file a suit for partition to claim your rightful share in the property by impleading all the legal heirs including the legal heis of the deceased legal heir as necessary party to the suit and claim your share in the property with separate possession. Once this suit is filed your other living briother cannot claim full rights over the entire property, he can be restrained by an order of court in an injuction application from alienating the property in any manner.

You consult a local lawyer and proceed as advised.

R.K Nanda (Advocate) 07 April 2025

Take help of local lawyer.

Dr. J C Vashista (Advocate ) 08 April 2025

You should file a suit for partition and possession through a local prudent lawyer.

Real Soul.... (LEGAL) 08 April 2025

First of all get Legal heir certificate and file partition suit .

P. Venu (Advocate) 09 April 2025

What do you mean by "I am sure if my father left a will."?

How is that the property is in possession of the two brothers, not all the siblings? Mere entry in the revenue records does not create or destroy title to the property.

Any how, as already suggested, the issues could be sorted out through a partition suit.