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(Guest)

Can i ask for my property

I am a married women .my father expired 5 yrs back .i have one sis and one bro .mine is love marriage.my mother became legal heir for my father 's property after his dealth.my mother and brother are saying they will give anyhting to me from my fathers property .can i claim that.cani  have equal share of his property.how should i proceed.please help me



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 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     15 December 2009

 You,  along with your brother,  sister and mother are legal heirs of your father. All of you have equal share in your father's property.  If you want your share seperated,  you can file a suit for partition and seperate possession. 

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Devajyoti Barman (Advocate)     15 December 2009

 Adv  ARCHANA is right.

V. VASUDEVAN (LEGAL COUNSEL)     16 December 2009

 Your mother alone could not have become a sole legal heir, unless she was the joint-holder of the property. You will have access to the records of the revenue department where the legal heir certificate if any was obtained by your mother. It should contain your name also as one of the legal heir and without your no objection/consent, your mother alone  could not have become the sole heir. Hence before filing any suit as advised by my colleague members, it would be prudent to check the complete details. This will help you determining the appropriate civil/criminal proceedings. Based on the documents, you will even be in a better position to strike a compromise deal as civil proceedingswould take a long time besides considerable expense..Vasudevan

Devajyoti Barman (Advocate)     16 December 2009

If your father has died intestate then no more documents needed to file a suit for partition. The revenue records does not prove title in property though it helps the court in making presumption.


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