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Girlchild2 (NA)     04 November 2014

How to ensure i get my share in the property

My Father who died recently was a small time farmer  with 2 pieces of coffee estate.

In the bigger estate we have a house in which my mother is residing and another

small piece of estate close by which we are planning to sell. We are three children

(2 boys and a girl ) all married. My elder brother without my knowledge is contemplating

to share the proceeds of the sale with my other brother, without paying me my due share.

Since both the properties was purchased by my father(not ancestral), how do i ensure that i get my

share of the proceeds from the sale ? If my brothers find a buyer and approach me for a signature,

can i get them to sign any document stating that they will be sharing the proceeds with me equally?

We are Christian Catholics.


 2 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     04 November 2014

At the outset if your father has died without making any will , in such event all survivor becomes legal heirs . You all have equal shares in the said properties. If your brother approaches you he will approach with NOC (nO OBJECTION Certificate). It means in absence of your consent he cannot sell property.

It becomes necessary that each one  consent shall be required to sell the properties. So in such event you can ask for your equal share in the property.

Your signature is a must at the time when agreement is executed between purchaser and your brother. 






in sale document u sign and get your share of money and do not give NOC.

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