lakshmi (housewife) 22 August 2015

Property

Sir,

My father died in the year 1992.I have two brothers.One is in USA.Now my mother also died by2000.one of my brotheris who is in USA is disconnected with us.My elder is als not taking any step to sell the house.(he is holding all the documents of the house).He kept some people as a tenant there with out asking to us.They will speak only to my elderbrother .(they refused to speak to me).please advice me how can i secured my one-third(my father have no will).whataction to be taken by me to have my share?

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4 Replies

puja saxena (private practice) 22 August 2015

You can file partion suit against your brothers

Krishna Murthy Pasupula (High Court Advocate ) 23 August 2015

Respected Lakshmi garu

First you discuss with your brothers in a positive approach and explain them, your need to partition the property among the legal heirs.

Second you send a legal notice stating that your equal share in property, they will reply reasons about delay/not partition the property.

Finally, you can file a partition suit against your brothers

irshad nakhwa (Branch manager) 17 September 2015

dear sir, My Mother elder sister want to gift me her property. Is any gift deed registration and stamp duty is applicable to me. Is I am blood related to her or comes in legal heir. IF registration and stampduty applicable, then being a muslim is it applicable to me to register the gift deed as it is not required in muslim law. If dont register the gift deed will the property will tranfer to my name.

adv.raghavan (Advocate,9444674980) 19 September 2015

Registration of document is governed by Registration act, and it is mandatory for all legal purpose and it is not governed by Mohammaden law. so registration of gift deed is always necessary, but under Mohd.Law the donor vests power to take back gifted property.