• Property sold of my dead father by my step mother

My father died and my step mother sold some of the properties which were in my father's name. She is also claiming her right in my property as declared in family settlement, given to me by my father, as her investment. She also made a succession certificate without my name in it. I have no clue about the number of properties/investments/savings in my fathers name. What can I do?
Asked 8 years ago in Family Law
Religion: Muslim

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12 Answers

1) file suit and seek injunction restraining step mother from selling properties standing in father name

2) on father demise your step mother , you and your siblings have equal share in property

3) if succession certificate has been fraudulently obtained apply to court for revocation of succession certificate

4)By virtue of Section 380 of the indian succession Act, a succession certificate granted under Part X of the Act shall have effect throughout India. The effect of issuing a Succession Certificate is that it will afford full indemnity to all persons owing the debts or liable on the securities specified in the certificate as regards all payments made or dealings had in good faith in respect of such debts or securities or with the grantee of the Succession Certificate. (Vide Section 381), A Succession Certificate issued under Part X of the Act is liable to be revoked for any of the following grounds:

a) that the proceedings to obtain the certificate were defective in substance.

b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the Court of something material to the case;

c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently;

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Concerned,

You may choose to file cancellation of sale deed done by your step mother as they have been done by using forged / fraudulently obtained succession certificate. You may also file a injunction suit restraining your step mother for selling / transferring any further assets or properties - however you need to have a detailed list of all those properties.

Best of luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

You are the legal heir of the properties of your father.. You can file a civil suit of permanent injunction in order to suceesion certificate made by your mother and to restrain from selling other properties

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You can challenge the said succession certificate in the court as the same has been obtained without the consent of the legal heir.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

you can file a civil suit for partition of property of your father on the basis of inheritance. it does not matter that you have no knowledge about exact amount of property of your father. when you file suit then the court is empowered under order 11 cpc to call all the documents and information from your step mother about your father's property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

then court shall decide your share in the property. if any property had sold out by your step mother without your consent, that sale deed either be cancelled by the court or deducted from the share of your mother. ultimately your share cannot be reduced against the transfer of property by your step mother.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

She could not have done.

The only thing she could have sold was her share in the property.

File a civil suit challenging the sale executed by her.

Anything assigned to you under a family settlement belongs exclusively to you and nobody can stake a claim upon it.

File a partition suit.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

just because step mother is working in state judiciary does not mean that you should be silent if she fraudulently obtain SC for entire property in her name

2) your step mother cannot influence judges

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Just under the impression that she can influence judges, you at first place cannot give up your option to fight for your due rights. Even delay can be looked upon and tackled. For delay, you may apprach the High Court and complaint before it and the matter of undue delay.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Usually such things do not happen, if you file a case and you pursue it will it is hard that it will get delayed due to such tactics.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You have to gather the information of al the properties left by yor father through your own sources.

After that you can file a partition suit seeking partition and separate possession of your share in them.

Your step mother may be entitled to 1/6th share in the property and the balance property shall be divided as per shariah laws leaving some for the expenses and his debts.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The major problem is that she is working in state's judiciary and my relatives are telling me to avoid her and take what she is willing to give without standing against her actions her in court. As she can influence judges and lawyers and clerks who can try to impede or delay the whole process for me. Right now no one in family is supporting me and I am completely helpless. What options do I have so that she couldn't delay or influence the process?

Law is common to all.

She cannot influence court or judges or even the bench clerks to act i her favor.

The court cannot deny your rights which you are entitled as per law.

You can file a partition suit and seek your legitimate share out of your father's property and separate possession of the same, the court will hear both the sides and then only it would pass the judgment, hence dont be frightened or misguided by the words of unscrupulous people around you.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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