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
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?
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
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
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.
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.
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.
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.
- 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 .
Can i file a partition suit without the legal heir certificate? I have other documents that show my relation with my mother like bieth certificate gradiation certificate drivin license etc.
Documents like birth certificate, education certificate, driving license, aadhar or any other legal document is sufficient for claiming share in ancestral property.
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
- 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.
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
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.