Dear kaiyleeram,

what is the religion you profess..? . Your brother has no right to alienate( sell) any of those property without the consent of the legal heirs as all of you are joint owners.The present alienation is void in law and will have to be set aside immediately.

Dear Sir

Firstly, get certified copy of the sale deed executed by your brother.

All the 3-siblings succeeded to the properties of your late parents, jointly.

The sale deed executed by your brother is voidable. Your brother has got a limited right to sale his undivided share in the joint property.

Please issue a notice for partition of properties.

Please file a suit for partition of entire properties; by seeking cancellation of sale deed executed by your brother.

I am Hindu. I am married to a Muslim, will that make any difference ?

How do I get copies of sales deed? My brother will not give any information about the properties. He did not even give us the death certificate of my parents to me when I asked.

Is there a credible website for lawyers in Bihar ?

Dear Kaiyleeram,

You marriage to a muslim will not be a problem.You are legally entitled to 1/3rd share in your father's property and your brother's sale is void in law.You can obtain the death certificate from the birth/death record office in the place where your deceased parents last resided before their demise. All you have to do is fill the exact date of your parents demise and you will be given the death certificate within a day.

After this, obtain certified copies of the sale , done by your brother and then go for a partition suit to obtain your share in your parent's property.

HI,

I live with my mother in Hyderabad, I have three brothers and 1 sister all married. 2 years back my father passed away without leaving any will.

Now we are willing to sell our father's property (it’s not an ancestral property). Is succession certificate mandatory to sell the property, if yes then what's the procedure and fee involved in getting it.

Thanks

Abdul

Sir, What is a "succession certificate" and where / how can I get it ? What is the process involved?

Thanks everyone for sending me replies and trying to help. I really appreciate it.

Kayleeram

Dear Sir,

In your case; there is no need to go for Succession certificate, which is a costly affair.

Firstly, go to the concerned registrar office and apply for encumbrance certificate. The encumbrance certificate would disclose all transactions. If the encumbrance certificate discloses details of any sale made by your brother, please obtain certified copy. Also obtain valuation certificate for entire property left by your parents. 

There after issue legal notice to your brothers demanding partition also mark a copy to the purchaser of the property.

File a partition suit against your brothers and the purchaser by demanding 1/3 share in the total property

Dear Sir,

Please clarify whether you have converted to Islam or simply married a Muslim girl, since your rights in property of your parents has to be decided in the light of the interpretations given by various High Courts on Section 26 of the Hindu succession Act 1956.

Sir, I converted to Islam. Would that mean now the ancestoral property inheritance will be interpreted in the light of the muslim laws. By birth I was a hindu and my parents follwed hindu religion. So in that case what will be the interpretation ?

Thanks again for the constant advise. I really need it.

Kaiyleeram

Dear Kaiyleeram, you are entitled to 1/3rd property of your parents. The sale by your brother is void in law. Hindu succession act applies to you as you were born a hindu and your parents are hindus.Section 26 applies only to your children who will be subject of muslim laws of succession as you have converted to islam.

 Dear Sir,

It seems you have been under clouds of doubts of your rights by virtue of your conversion to ISLA.M.

In fact, section 26 of the Hindu Succession Act 1956 says only in regarding to children born to a person after conversion. The section is extracted hereunder:-

Where, before or after the commencement of this Act, a Hindu has ceased or ceases to be a Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens.

Note: - The real test would be whether the provision (section 26) prohibits even a Hindu who born to a converted person (who is previously Hindu) or not.  If we read the entire section as a whole; it makes clear that the Person who is Hindu at the time of right is accrued for succession; he has got a right for property in accordance with Act; despite his parent’s conversion. -------------So the answer is that the person who wants a right in property of a Hindu; in accordance with The Hindu Succession Act, 1956, he has to show that he was Hindu at the time of right accrued to him. You have to show that you were Hindu at the time of death of your parents.

Note: - This issue is dealt by the Kerala High Court which is reported at AIR 2001 Kerala 38.

Further For your convenience I am herewith extracting the relevant provision,

The Hindu Succession Act, 1956

(1) This Act applies-

(a) to any person, who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or a follower of the Brahmo, Parathana or Arya Samaj.

(b) to any person who is Buddhist, Jaina or Sikh by religion, and

(c) to any of other person who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that any such persons would not have been governed by the Hindu law or by custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Note: - If section 2 and 26 are read together it give clear answer that you do not have any right under The Hindu Succession Act, 1956.

I have analysed in all aspects with neutral mind. Still you may search for favourable solution.

I have given answer by taking due care of Law and facts.

I wish all the best. You may search for a better suitable solution