• How secure is my share of the property

Recently my mom passed away on June 6 2021 of covid. She had two houses to her name i dont know where those documents are i don't have a legal heir certificate yet i also dont have the property documents in my possession. My sister may have them but she denies it. My question is how safe is my share of the property now that i dont currently have the legal heir nor the property related documents. Can she forge it as she bought it from my mother before she passed away or my mother gave them to her before she passed away considering my mother did not inherit them but bought them herself. If so what should i do about this issue?
Asked 4 years ago in Property Law
Religion: Hindu

13 answers received in 1 day.

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15 Answers

It's safe but you need to claim it in some form of your legal heirs ate denying you the same. You need to file suit for the same in civil court or other method to prove your succession

Prashant Nayak
Advocate, Mumbai
34748 Answers
252 Consultations

You can apply for and obtain certified copy of sale deed from sub registrar office 

 

take 30 years title search 

 

then apply for letters of administration from district court in name of legal heirs 

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

After the death of mother, both the houses acquired character of ancestral property. You have equal share in both the houses with sister. With details of property like door number, extent, boundaries and name of owner you can obtain certified copies of title deeds from the office of Sub-Registrar of the area. There you can also know whether any transaction has been done by mother in favor of daughter or any registered will is executed. All the documents in her custody will come out if a suit is file by you seeking partition  of properties. Issue lawyer’s notice  to sister seeking partition  and separate possession of property. After that file a suit in district Court for partition and separate possession. You will get your share. She has to submit all property documents in the court.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Hi, If your mother dies interstate then you will be entitle for your share in the property by virtue of succession you will get your share.  In order to secure your property you can apply for the certified copies of the documents before the Sub-Registrar.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Dear sir/ Ma'am,

Here the best step would be to approach the court and file a partition suit. As stated that you do not have the documents, in such a case the court can summon your sister to submit the documents.

Thank You.

 

 

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

If your mother is reported to have died intestate then your sister  or any other legal heirs of your deceased mother cannot deprive your rights to a share in the properties left behind by your deceased mother.

You can issue a legal notice to your sister demanding for a partition and allotment of your legitimate share i the properties left behind by your deceased mother.

If she do not respond or is not willing to share the copies of the property documents, you may obtain certified copies of the registration document from the registrar's office and file a suit for partition in the appropriate civil court along with an application for injunction restraining your sister to not to alienate or encumber the properties in any manner till the disposal of the main suit for partition. 

T Kalaiselvan
Advocate, Vellore
90291 Answers
2513 Consultations

- As per law after the death of your mother without leaving a WILL , her property would be devolved upon all the legal heirs equally i.e. father if alive , sister and you 

- Your sister cannot take your share in the property without getting your consent and a release deed .

- You can ask her your equal share in the property legally , and if refused then send a legal notice to her for diving the property equally . 

- If no response , then file a partition suit . 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

Hi, you can file a suit for partition.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Documents like birth certificate, education certificate, driving license, aadhar or any other legal document is sufficient for claiming share in ancestral property.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

You can file suit for partition without obtaining LHC 

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

dear sir,

You can file a suit for partition by any legal document. Legal heir certificate is not specifically required for partition suit.

Thank You

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

- Yes , for filing the suit for partition there is no requirement for legal heir certificate , and the given details are enough . 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

Legal heirship certificate is not mandatory to file a suit for partition. 

You can file the suit,  let the opponent deny that you are not the son of the deceased 

T Kalaiselvan
Advocate, Vellore
90291 Answers
2513 Consultations

Yes you can

Prashant Nayak
Advocate, Mumbai
34748 Answers
252 Consultations

Your share is completely secure. 

Your sister cannot take your share or complete property without getting your consent / release deed.

 

I guess you already asked her for your equal share in the property.

Now you can send a legal notice through lawyer to her for diving the property equally. 

 

After that you can file a partition suit . 

 

Legal heirship certificate is not mandatory to file a suit for partition. 

 

You file the partition suit,  let her deny that you dont have any relation. 

Your lawyer will take care of this.  

Ankur Goel
Advocate, Bangalore
454 Answers

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