If I am the eldest in the family of four children, out of which younger brother is no more, one younger sister and one younger brother is surviving( mentally challenged), My late father had bought a property in my mother's name. Before my mother's death, under coercion my mother transferred the property thru a settlement deed the right to the property to my younger brother's wife and his two sons, with a clause that my mother and the mentally challenged brother of mine would continue to stay until death in the same house. Now how do I claim my 1/3rd share in the property. Is it necessary to have all the siblings present while applying a legal heir certificate from the village office. My one younger brother is no more and sister's daughter is married to this younger brother and I do not find her coming forward to help in doing so and the other younger brother is mentally challenged. Please suggest a way out to prove my legal heirship. The village office is refusing to make any certificate without the presence of other brothers and sister, which I feel is very difficult.
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1)you have to file suit for partition to claim your one fourth share in property
2)take the plea that property was bought in mother name for benefit on joint family
3) seek orders to set aside settlement deed executed by mother
4) seek injunction restraining younger brother wife and 2 sons from selling the property
5) you dont need LHC to file partition suit
1. Since your mother was the sole owner of the proeprty she can settle/transfer the proeprty to anyone she choose.
2. In this case she settled the proeprty in favour of other depriving your and hence you could do nothing to claim your due share.
3. You have no share in the proeprty and hence you can not claim it.
4. Had your mother been alive she could have filed the suit to declare the settlement deed null and void if fraud/coercion was played upon her. Since she is no more you can not prove this fact.
So forget this proeprty and move on in life.
The legal heirship certificate is not required to file a suit seeking partition and your share in the property left behind by your mother who is reported to have died intestate.
However the fact is that your mother had already made a registered settlement deed in favor of another person, That person only shall become the absolute owner of the property. You cannot legally claim 1/3rd or any share in the property, however you may see that you have been bequeathed with lifetime interest through the said registered settlement deed.
Hence you have rights to enjoy the property along with others till your lifetime and the original settlee cannot sell the property during your lifetime.
1. Your mother has already transferred the said property in favour of your younger brother's wife by registering a settlement deed which you allege as has been registered under coercion.
2. Unless you challenge the said settlement deed and get it invalidated with court order, you can not lay any claim on the said property now standing in the name of your younger brother's wife.
3. you shall have to file a partition suit by submitting the death certificate of your mother, the copy of the title deed of the property standing in the name of your mother and the legal heir certificate.
4. Apply for the legal heir certificate from the local Tehshilder for which you are not required to present other legal heirs legally.
5. If the Tehsilder refuses to issue legal heir certificate to you, lodge a complaint to his superior officer and if you still do not get the said certificate, file a writ Petition before the High Court against inaction of the Tehsilder praying for a direction upon the Tehsilder to issue the legal heir certificate to you within next 7 days.
Is it necessary to have all the siblings present while applying a legal heir certificate from the village office.
no, because this certificate is prepared by the tehsildar or lowest administrative officer of the village. this is prepared on the basis of revenue document or examination of villagers. so no need to present all the members at the time of preparation of heir certificate. if there is any objection then personal appearance is necessary.
The village office is refusing to make any certificate without the presence of other brothers and sister, which I feel is very difficult.
you should complain before his higher officer because personal appearance is not necessary so his demand in not justified.