Hii, you and your mother are a legal heir to the property.. File a civil suit for partition in court..
My dad's property
My dad passed away 1 month ago after being bed ridden for 5 years and being ill for almost 14 years. I am the only daughter of my parents and married for 7 years, my dad has a brother and 3 sisters, he has various joint properties under his name and his brother's and either of the parents name. The papers of all properties are with my uncle only. He has a single plot which is only under his name. He wanted to give this plot to me and requested his brother many times to let him do that. All this while all my dad's monthly and medical expenses were taken care of by uncle only(they had a joint family business). My father's brother is in no mood for family or property division. My mom lives in the same house with them which is under my mom's and aunty's and grandfather's name. Our family business was also joint, the shop that my uncle runs is under my dad's proprietorship and after his death he wants to Transfer it under his son's name for which he spoke to my mom, my mom said that she is ready to leave all property and shop also, only that she wants to give the plot to her daughter that is me. And she demanded 25k monthly expense for herself from the shop and said that the house that they live in is half her's. At that time he got very aggressive and started shouting. Now he has got my father's death certificate issued for himself from municipal office and given an application to lock it in the system and not issue it to anyone else apart from him. We are somehow trying to get it from municipal office. Now in this scenario please let me know hot to get hold of my dad's property and his firm which earns handsome. Apart from the house, firm and this plot there are various other commercial and residential properties in my dad's name joint with other family members name. All this while we have been trying to request uncle and other family members to help us sort out this Matter peacefully as we are letting go a lot which is legally ours but no one wants to get involved and all indirectly favor uncle as he has had a upper hand since beginning. My uncle doesn't speak to me and my husband as ours is an intercaste marriage against family's will. Please guide me what to do. He is right now providing 10-20k monthly to my mom but apart from that he doesn't want to give anything as he thinks that as my dad doesn't have a son so all his share belongs to him
Asked 8 years ago in Property Law
Religion: Hindu
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5 Answers
All the self acquired property of your dad automatically devolves on you and your mother.
Get your name and your mother's name mutated against your father's name for all these properties.
File a suit in the civil court and seek injunction order against your uncle from creating third party rights vis-a-vis all these properties which belonged to your father.
You may also contemplate lodging of a FIR against your Uncle.
You may even find buyers and sell of these properties (once the mutation is done) and you do not need your uncle's consent to do that.
1) you and your mother should issue legal notice to uncle for partition of property standing in joint names
2) obtain copy of properties standing in joint names from sub regsitrar office
3)obtain copy of death certificate
4)your mother should under no circumstances agree for transfer of shop in uncle or nephew name
5) file suit for partition for division of property by metes and bounds
6) seek an injunction restraining divisions of property
1. On the intestate demise of your father his properties devolved through succession on his widow and daughter. Nobody else has any share in his properties.
2. Since your uncle is opposed to division of the properties you or your mother can file a suit for partition in the competent civil court to cull out your respective shares in the properties that are joint.
3. If your uncle is in possession of a property that was owned entirely by your father then a suit for eviction can be filed by you or your mother against him to recover the possession of it.
Dont worry about the hostile attitude of yor paternal uncle.
You collect the information and the details of the properties in yor father's name and in joint names involving yor father and also about the business and the shop.
File a partition suit and also suit for possession of your father's property and the business establishment.
Consult a local advocate and proceed as per his further advice on the subject.
