Kindly guide me, I need some good advice. I have following questions and like to know what’s are the steps to be taken. Following are my questions, appreciate your sincere replies- 1. After my mother death I fear my siblings taking over my parental property without giving my due. Pls note my parents left no will other than a piece of land. I want to take a proactive action so that my siblings do not selloff any property without giving my due.What action can I take. 2. As per my father will, I need to transfer ownership of plot in my name. What action needs to be taken. 3. My grandmother died (Mothers mother) without any will leaving all property between my mother and her sister. They divided property into 2 halves. Now my sibling transfers property in his name probably with my mother consent. Can a property which was owned by my grandmother be taken by my sibling with mother consent (only oral no written). Can I produce my claim over it as its parental property without any will declared? Looking forward for your guidance and help. Regards Mohan
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1)if father died intestate file suit for partition for division of property by metes and bounds
2) seek injunction restraining your siblings from selling the property
3) onmother demise property standing in her name would devolve on you and your siblings . It cannot be transferred in your brother name unless mother executed gift deed for transferring property in his name
4) if father has left any will you have to apply for probate of father will
1. File a suit partition to claim your due share and injunction so the joint property may not be sold out.
2. If both of your parents have died without a Will then you can't be its sole owner and all your siblings have equal share in it.
3. The property inherited by your mother can be transferred by her to any one during her lifetime. But after her death its be equally divided among all her children.
4. Orally no such transfer is valid and hence you can claim your share through the said partition suit.
Hi, you can file a suit for partition and Claim your share over the property .. 2) you have to file for probation of WILL in court , to transfer the property in your name ..3) after the death of you maternal grandmother her peppery share is inherited by all her children
1. You can file a partition suit claiming share of the properties not willed by your late father.
2. You shall have to file an application before the Court praying for grant of probate of the will. Without grant of probate, a will has no value. After probate is granted, you can mutate your name in the land records by submitting the will.
3. If your mother has registered a deed of conveyance in favour of your siblings, the you hardly have any measures to take as title of the property can only transferred by registering a deed of conveyance where in your mother shall have tom sign and it can not be verbal consent. If there is no deed of conveyance registered in favour of your siblings, the properties have not been transferred in their names.
It is advised that you file a partition suit to claim a share in the property, also as an interim relief you can ask the court to pass injunction order so that the status of the property is not changed.
All your siblings/ legal heirs will have equal share in the property since your father passed away without a will.
Further if the property has been inherited by your mother then the same can be disposed off by her in the way she deems fit.
You can file a partition suit as no oral transfer is valid.
Regards
In this circumstances you have to file a civil suit for temporary injunction against your siblings. The court by granting temporary injunction prevent them to interfere in the property and keep the property as it is or maintained status quo on the land. Then your siblings cannot sell this property without taking permission of the court.
If your father had made a will then you should file a probate petition before the district court to for enforcement of the will. there is no limitation period for filing of probate petition therefore you can file the petition right now.
1. You can file a partition suit immediately seeking your share of property out of your father's property and also file an interlocutory application for temporary injunction restraining them fro alienating or encumbering the property in any maner till the disposal of the main suit.
2. You file a petition seeking probate of Will and after getting probate you may transfer the properties to your name by mutating the revenue records.
3.The share of property that your mother acquired/inherited from her mother shall be her own and absolute property.
In this she has full rights to transfer the property by sale or gift deed to anyone of her choice.
You cannot question her authority nor you can lay a claim for a share in the property as a right.
