• My brothers are refusing to make property mutation after my mother's death

We r 6children to our parents(3sons,3daughters).my father was a govt employee.after his death in 2000,my mother buyed a 267 sq.yards land with my fathers LIC money on her name and divided it for 3 of us.we built our own houses.after 15years my mother died. my brothers are trying to occupy my share and they are not cooperating to register our respective shares on our names.HOW CAN I MAKE MY SHARE ON MY NAME..? WHAT IS THE LEGAL PROCEDURE INVOLED IN IT...?Do our sisters get any share..?
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

Being a hindu your fathers money and property belonged to your mother and siblings. Therefore your sisters have a share. When the division took place all of you got equal shares barring the daughters which didn't get anything. Now if the sisters give an noc then that land should be divided among the 3 if you.

Regards 


First of all obtain a noc from the sisters and then file a partition suit.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

File suit for partition for division of property by metes and bounds 

 

2) seek injunction restraining sale of property by your siblings 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

Hello,

Yes sister do have the share in the property and they may relinquish the same if they are not claiming any share in the property.

Also, in order to claim your share in the property you will have to file a partition suit and then claim your share in the said property. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

that does not matter much, electricity bills are not the prove of ownership. 

They may claim there share after the death of your mother as certain share will devolve upon them as per the Hindu Succession Act

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Your sisters can claim equal share in property as it was bought by mother with father LIC money received on his demise 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

See if there is no written settlement deed or will on record or if that is also there as property purchased from father's money and there was no will from father sister shall have equal share and can claim same .

Further in case there is settlement among family members then in that case you can mutuate the property in your name along other legal heir by making an application.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See if sister are against you or other brothers they shall not relinquish there share in your favour or brothers favour and can ask for share.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

the property will devolve amongst all legal heir.All legal heirs have equal rights in said property. 

You may file a partition suit with temporary injunction application that status quo be maintained. 

Mohammed Mujeeb
Advocate, Hyderabad
19338 Answers
32 Consultations

If your sisters are against you they will not sign the noc and in its absence they too have a share in the property.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No your sister will not have any share. You can file a partition suit and get the property partitioned legally in your name

Prashant Nayak
Advocate, Mumbai
34576 Answers
249 Consultations

If there was no proper partition of property at that time and if your mother had made an oral division then your sisters shall also be entitled to their respective legitimate share.

You can file a partition suit and seek for separate possession of your share and also file an injunction application for restraining the defendants from alienating or further encumbering the same till the disposal of the main suit.

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

They are entitled for their respective share in the property.

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

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