Sir, I am the eldest daughter( married ) of my deceased parents and have only one married brother. My mother died in 2008 Feb and later my father died in 2008 December .The residential property is still on her name. Now all the bank accounts,L.I.C. claims, property documents of both my mother and father is lying with my brother .He has forcefully occupied the residential property of my deceased mother and now in possession.Moreover he is enjoying rent on half of the residential property since 2009. He has DEATH certificate of my mother and original documents of property,which he refused to give me a copy of it. My brother also refused to give any documents of other landed properties in the same city owned by my deceased father. I only know the sites where the properties are lying but I do not have any related documents and he has not made any WILL. I have death certificate and legal heir of my father ( obtained by me in 2017) but neither death certificate nor legal heir of my biological mother who was the only legal wife of my father. a. Can I file a partition suit on my deceased mother’s residential property ? (I have Death Certificate and Legal heir of my deceased father but not of my mother b. I want to claim a share in rents collected or else to refrain my brother too from collecting rent or to evacuate the renters. What and how can I do this ? c. How can I get the i. copy of property documents and Death certificate of my deceased mother ii.copy of property documents of my deceased father d. I apprehend that he has obtained a false legal heir excluding my name ? How can I verify it ? Regards
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1) you can file partition suit for property standing in name of deceased mother
2) seek appointment of court Receiver
3) orders to deposit rentals in court
4)for obtaining copy of property documents apply before sub registrar office and obtain certified copy of sale deed wherein your mother/ father purchased the property
5) check the court records whether any succession certificate or LHC has been obtained by your brother
sir, can you take up my case and be my lawyer and what would be the charges ?
i am from Bombay can advise you but would not be able to appear on your behalf in orissa
Hi
1.Yes you can file a suit for partition of both properties which were in your father's and mother's name, irrespective of you are having the documents.
2. in the suit you can also pray for the equal share of rent, make prayer asking your brother to declare the details of amount he has collected via rent.
3.file interim injunction and get stay on any sorts of alienation and ask for the payment of your share.
once the matte ris in the court you can file interim application seeking the release of rent which is in your share , ask for production of the above said documents which you dont have of your parents in your custody.
4. if he ha obtained false legal heir certificate you can inquire in the Tahasil office who is entitled to issue certificate.
anyway if you file a partition suit all these matters will have to be revealed and your brother is answerable to court
a. Can I file a partition suit on my deceased mother’s residential property ? (I have Death Certificate and Legal heir of my deceased father but not of my mother
You can file a partition suit claiming your rightful and legitimae share i your mother's proeprty.
You can inform court that the death certificate and the property documents are held by the defendant.
You may also get the certified copies of the property documents from the sub registrar's office and also can get the copies of the death certificate of your mother from the births and deaths registrar's office.
b. I want to claim a share in rents collected or else to refrain my brother too from collecting rent or to evacuate the renters. What and how can I do this ?
In the same partition suit you can claim mesne profits i.e., a share in the rental incme from the properties.
c. How can I get the
i. copy of property documents and Death certificate of my deceased mother
ii.copy of property documents of my deceased father
You can aproach the sub registrar's office and apply for certified copy of the same.
d. I apprehend that he has obtained a false legal heir excluding my name ? How can I verify it ?
You dont worry about it, he cannot achieve anything by producing the falsely obtained legal heirship certificate.
You can prove that you are born to your parents by various means or even by applying for fresh legal heirship certificate including yor name in it.
sir, can you take up my case and be my lawyer and what would be the charges ?
You should pick up a lawyer in particular and request him/her to take up your case and should not give a general call in this public forum.