Dear Sir/Ma'am I require an advice regarding safeguarding my share in a property. My father died few years back and left a property in which my brother and my mother live. I believe I am entitled to 1/3 of property share. But I am married and live far away from the property and I have reason to believe that my mother and brother will sell the property without letting me know or letting the buyer even know that a NOC would be required from me. Is there any way I can ensure that the property deal does not go through without my presence? I am sure there are many esteemed lawyers in the group who can show me the right legal way. Thanks in advance Maya Singhal
1. If your father has died without making any Will giving this proeprty to anyone,you have undivided 1/3rd share in it.
2.So you can very well claim your due share from your mother and brother who are in possession of the said proeprty.
3.if they refuse to part with your sahre you can file a suit for partition in the local court claiming your 1/3rd share.
4.In the same suit you can seek injunction order so in the meantime they may not sell the property to frustrate your claim.
1) file suit for partition for division of property by metes and bounds
2) seek injunction restraining mother and brother from selling the property
You are right that you are entitled for one third share out of your deceased father's property.
If you apprehend that your mother and brother may cheat you, better file a partition suit with an injunction application restraining them from alienating or encumbering the property in any manner whatsoever.
This will safeguard your interest in the property
