LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

K (N/A)     16 December 2013

Legal heir unwilling to part with original sale deed

Dear Sir/Madam

My deceased mother has land (5.7 cents) and a House on that land in Kerala

We are two daughters, both married and we are the only two legal heirs.

My father passed away in 2010.

The elder daughter (an NRI) has forcefully taken away the Original Sale deed of the property and all the remaining gold of my mother - without sharing them with me.

1) What are my rights with respect to:-

a) My deceased mother's gold/jewellery?

b) My deceased mother's property?

As the elder daughter is leaving India in two weeks and is not communicating with me is there a legal procedure for the above?

Please help as I have no assets or income in my name..

Thank You



Learning

 3 Replies

GOPAL SHARMA (LAWYER)     16 December 2013

YOU HAVE EQUAL SHARE IN YOUR MOTHER'S MOVABLE AND IMMOVABLE PROPERTY. YOU CAN LODGED  A FIR UNDER SECTION 379,420,467 TO 471 IPC AGAINST HER .AND APPLY FOR ATTESTED COPY OF SALE DEED IN REGISTRAR OFFICE AND FILE A CIVIL SUIT AGAINST HER.

T. Kalaiselvan, Advocate (Advocate)     17 December 2013

You have equal share in your mother's movable and immovable properties. Apply for a certified copy of the property documents. Send her a notice to share 50 percent of  the jewels and also ask her to come for an amicable partition of the immovable properties too, if she is not coming forth, you may file a suit against her

K (N/A)     17 December 2013

Thank you for your valuable responses.. I will try to have an amicable partition..

Although I doubt she will comply
 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query