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Rayhaan (PM)     06 June 2010

Succession of Mothers propery

Dear Sir,

My mother passed away recently and she has a property in her name. The property was bought by my father in 1978 and is not ancestral. The property was registered in my mother's name in 1978. My mother has two sons ie my myself and my brother.  We both live in the same mother's property

The property documents are with my brother and I dont have a copy of the document. I am quite sure that my mother has not written a will or power of attorney on behalf of my brother's name. So my questions are as follows:

1) My brother has the original death certificate. He has the original documentation of the property. Can he get a succession certificate saying that he is the only son ? As I understand there are loopholes in the system and my fear is that whether he can get a succession certificate that he is the only son and sell the property without my notice.?

2) As he has the original documentation of the property, can he pledge the property to any money lenders or bank without my notice ?

3) I am concerned that my brother can go to any means to sell the property. I would like to know the points that I need to be careful about so that I dont worry about the property being sold or pledged without my notice.




 2 Replies

Pinaki Bhusan Mukherjee (Consultant)     11 June 2010

You file a Caveat with the Court at your jurisdiction. In that case if your brother try to do something illegal the Ld. Court will direct him to serve a summon on you.

Pinaki Mukherjee

Jai Karan Nagwan (consultant)     14 June 2010

Dear Rayhaan,

if you are sure that your mother did not execute any instrument, which would have enable your brother to have sole ownership over the property, in that case you need not to worry, you need to follow very simple procedure to approach the revenue officer having jurisdiction for getting mutaton in your and your brother name.

at the same time, your mother would have not been able to make will by excluding you from the proprietry right, if it is proved that property was purchased with the fund of yor father and your mother did not had any source of income otherwise than your father income.

dont worry have good relation with your brother and act peacefully to get this property mutated in both of yours name.


jai Karan Nagwan (9711197250)

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