Savita (Housewife) 01 January 2014

What to do to claim my share?

Hi,

My mother died in 2008 and my father recently died ( in 2013). They have a property in Ghaziabad in their joint name, there's a land only in my mothers name in chennai and theres a house only in my fathers name in kerala. My brother has been in possession of all thier property papers(against their will) and even had control over their bank accounts (both were govt pensioners). He has been trying to avoid me too. Though my father have been wanting to give some money/property to me, my brother has forced him not to give me. My brother has also been cheating my mother and father of money, but unfortunately i did not interfere or take action at that time. Now, I want to claim my share. How to do it? I doubt something fishy. Things are not coming out, and more than a month since my fathers deaht, my brother has still not approached me for legal heir or other certificate. Pl tell me what can i do? Unfortunatley, i dont have the exact adress of the Ghaziabad house jointly owned by my parents and know only the location. How can i find out the exact address? I am seeking justice, pl guide me.

Thanks

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5 Replies

Adv. Chandrasekhar (Advocate) 01 January 2014

You have to file a suit for partition seeking legal heir rights in the immovable properties at Chennai, Kerala and Ghaziabad and also seek interim relief of a direction against ur brother not to dispose off the property. If you are deficient of information in respect of any property, through RTI you can get the details or in the suit itself you ask the opposite party to give full details of the property. In respect of ammounts lying in bank, issue a legal notice to the bank that not to give it to any one and subsequetly file a petition under Indian Succession Act making your brother and the bank parties. For all these things you have to engage an advocate. I am giving this advice on the presumption that there is no will executed by your deceased parents.

Savita (Housewife) 01 January 2014

Hi Adv Chandrasekhar,

Thanks for your reply and guiding with the right steps that i need to take. Will is not executed by my father at least till one month before his death, but not sure if it has been done forcibly. Also pl clarify, whether RTI allows to get details only about public servents and politicians or it can be used to get details about common citizens too? I have my father and mothers pention/ bank account numbers, but recenlty my father changed his branch, so account no. too should have changed. Can i get these details too through RTI? Also, pl tell me how long should i wait before taking up the matter legally? Can i wait for my brother to contact me reg. these matters though, his actions clearly show his intentions. Or should i talk to him before going legally?

Thanks

Kumar Doab (FIN) 01 January 2014

Mr. Chandrasekhar has given valuable advice. Kindly follow it.

It is believed that you are Hindu and no WILL was left by your parents.

The succession has opened in 2008, 2013.

You can succeed to claim your share.

Approach a lawyer specializing in such matters.

Savita (Housewife) 01 January 2014

Hi Adv Chandrasekhar,

Thanks for your reply and guiding with the right steps that i need to take. Will is not executed by my father at least till one month before his death, but not sure if it has been done forcibly. My mother also has not written a will. Also pl clarify, whether RTI allows to get details only about public servents and politicians or it can be used to get details about common public too? I have my father and mothers pention/ bank account numbers, but recenlty my father changed his branch, so account no. too should have changed. Can i get these bank details too through RTI? Also, pl tell me how long should i wait before taking up the matter legally? is it advisable to wait for my brother to contact me reg. these matters though, his actions clearly show his intentions. Or should i myself talk to him before going legally and give time to settle matter within a time frame?

Thanks

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 04 January 2014

Dear Savita,

As per HIndu Succession Act daughters have equal rights like sons in the property of their parents. you have to file the partition suit in competent court. if you know the bank account then immediately send application mentioning the death of your parents and you being one of the legal heir and without your permission no money should be released and in meanwhile get the documents of property from local authorities through RTI application.