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manu raina (properiter)     25 May 2014

Family property

dear sir/madam

 

my name is manu raina from delhi, i have to discuss about property matter, sir my father is expired on 2010, he left the property in ghaziabad and  2 agricuture land  and  one plot in jammu and kashmir . we are two brother and one elder sister  is married , my brother is younger than me .  and now iam married and i have one child . My mother is very simple  and she will not much litterate. actually my younger brother is always go to opposite decision  but my mother and sister is always  with me . my brother always try to fight with me and my mother also, he  also try to hold the property , even he  alway s torcher  my mother, abusing  and threatning to her , she also launch complaint in women cell in delhi , but nothing will happen,  even they just give the warning to him , but still now he torcher again and again, sir i just want separte from him for all of rest properties, pls suggest me what to do how can i hold my property or legal partition procedure either my brother  want or not want.



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 2 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     25 May 2014

Dear Friend,

First of all you have to apply for the Legal heir Certificate in the civil court of your jurisdiction mentioning the names and addresses of the all legal heirs of your deceased father along with a statement on Affidavit mentioning all his property details and also mentioning that your father died intestate and there is no family settlement happened in the past for the said property and your father also did not leave any Will for the same.

A partition has to be demanded through the court alsong with the possession rights on it.

You are advised to engage a good experienced Advocate of the Field to assist you for the same as the property matters are very crucial to deal with.

You can see my credentials on this site for your evaluation.

Laxmi Kant Joshi (Advocate )     26 May 2014

First you have to obtain the legal heir certificate from the tehsil of ghaziabad , then you all four persons you , your brother, your sister, & your mother were the legal heir of your deceased father , the whole property will be equally divided among you four persons , then you can proceed for mutation of your 1/4 share in the property, within 40days the property will be transfered in your name , and you became the sole owner of your share .

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