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Raj   04 October 2021

Illegally removed name from father's property by brothers

My brothers removed my name from my father's agricultural property how can I re enter my name in  property documents please help experts. 



 5 Replies

Anusha Singh   05 October 2021

As per your query it is understood that you need information regarding your share and your right in your father’s property and how to get the share after your brothers removed your name illegally from your father’s property.

The property can either be self-acquired or ancestral property if it is self-acquired property and the will is not made then the property can be divided equally in all legal heirs even if the property is ancestral every legal heir has the right over the property.  

If there is Will, the transfer process is more straightforward, provided no one contesting the Will. The executor will administer the transfer based on the beneficiary stated in the Will.

In the absence of Will, the property is distributed based on the appliable succession laws. Legal heirs can also mutually decide among themselves on the distribution of assets if things are amicable.

Once they finalize the distribution, heirs can draw a family settlement deed where each member signs, which can then be registered for official records.

If your brothers are not giving you your share of the property then you can send them a legal notice for partition of the suit. You can file the case in the court which has the jurisdiction to entertain your case and can get your share in your father’s property.

Hope it helps!

Regards,

Anusha Singh

1 Like

VM (pqr)     05 October 2021

Partition suit is a long drawn process of over 10 years or more. Experts please share your views on this period mentioned here to complete the case order.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 October 2021

For temporary injunction order can be filed. Even though the suit might have been filed for partition and possession, the grant of temporary injunction would be in aid of the final relief of partition and possession that has been sought for by the party. ... Therefore, both the Courts below were justified in granting temporary injunction.

Raj   05 October 2021

Thank you🙏 Madam it's really helpful to me. 

Dr J C Vashista (Lawyer)     05 October 2021

The only and permanent solution to the problem is filing a suit for partition, possession and permanent injunction of entire property left behind by deceased, wherein stay may be obtained during pendency of lis.


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