Property divided falsely depriving one legal heir.

Originally posted by : Soubhik Gupta
	My mother predeceased my maternal grandfather and maternal grandmother. I am the only daughter of my mother. My grandfather had 4 sons and 2 daughters. Among 4 sons two have since been deceased. Until recently I did not know that they deprived me (my deceased mother’s share) of the property left behind by my grandfather and grandmother. They have recently settled the BI&LRO records according to their name, which I believe is a crime in the eye of Law. How did they divide my share of the property in their name without informing me! I have following questions: How can I prove that I am a legal heir? As my mother predeceased my grandparents, I do not have any documentary evidence that shows my mother is a child of my grandfather and grandmother. How to get the details of the documents they used to change the records? How to recover my property? What criminal charges can be filed against them? Can I make a police complaint?

Apply to area SDM for surviving member certificate and move to court for partition, possession, damages, mesne profits and permanent injunction.

It would be better to contact, consult and engage a local prudent lawyer for analysing of facts / documents, professional advise and necessary proceeding in appropriate Court. 

Obtain legal heir certificate fron Tahsildar and file a suit claiming your legitimate rightful dhare .

You need to get LR vertificate and then file suit 

The female rights in property are complicated.  Please do not be carried away by assumptions.  How such property was acquired by your mother's parents and how they have dealt with that is the most important and the limitation period has to be seen.   Please contact the advocate and clarify his doubts.   First, confirm yourself of such eligibility and then act as per his guidance.

You have a right in the property. It is already vested. Mere change in the revenue or municipal records does not divest you of the title to the property. You have the option to file a suit for partition. In my understanding, much of the facts could be taken care by proper pleading in the plaint.