• Are shareholders owner of property

Father left no will.6 legal heirs.society shareholder book brother and mothers name written n signed by father with witness.as 50% to each. can we claim our rights in the property. If so what is the right case i must put to get justice.
Asked 8 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

5 Answers

You mean to say father left nomination form mentioning mother and brother as nominees of flat with 50 per cent share each

2) nominee is only trustee for legal heirs

3) all 6 legal heirs have equal share in property

4) you can apply for LEtters of administration from Bombay high court in favour of 6 legal heirs

Ajay Sethi
Advocate, Mumbai
99885 Answers
8152 Consultations

Hii, shareholder book do not provide title ship over the property until there is any WILL that is made in their favour .. In absence of such a WILL all the legal heirs have a share in the property

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Hello,

Yes you can claim your right in the property, you will have to file a partition suit claiming share in the property.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Seek a declaration from the court as to the nullity of the said shareholder book, by way of challenging it's authenticity in the court.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

The properties left behind by yor father shall devolve equally on all his legal heirs if he is reported to have died intestate.

If you are denied the rights or a share in the property you may file a partition sit and claim your share and separate possession.

T Kalaiselvan
Advocate, Vellore
90087 Answers
2502 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer