My grandfather and grandmother passed away leaving lands to their 6 sons and 4 daughters. My father was the eldest son who passed away and so did my mother last year. I stay in Siliguri with my family and the surviving brothers are refusing to divulge any details of the property which I am entitled to. There are no hints whatsoever of any documents with the specifics of the division of properties. One of the uncles has encroached upon one of the prime lands which was supposed to be divided among the brothers and my parents had suspected the same. My parents also died fighting for their rightful ownership. I had tried getting the Heir certificate of my late grandmother but that is proving difficult since one of my surviving uncles is blockading efforts to get her death certificate without which I cannot get an Heir certificate. Can you kindly provide me suggestions on what are my options to approach this?
Issue legal notice to surviving brothers of deceased father to furnish details of property standing in name of deceased grand parents
2) file suit for partition for division of property by metes and bounds
3) seek injunction restraining sale of property by your uncles
Death certificate, birth certificate, marriage certificate, sale deed, gift deed etc. are public document, available for anyone. With the date of death and name of deceased you can obtain death certificate from Municipal Authority of the town. With the particulars of properties known to you like number of house, survey number, name of title holder you can obtain certified copies of title deed of documents from the office of Sub-Registrar. There are ten sharers to the property of grandparents, you are entitled to one tenth share of father. Issue lawyer’s notice to other legal seeking partition and separate possession of property and after that on the basis of certified copies file a suit for partition of the property. Seek stay of transfer of properties by other legal heirs. in the suit submit an application seeking direction to other legal heirs to produce originals of title deeds and disclose details of other ancestral properties. Such application is known as interrogatories. Other legal heirs are bound to disclose such properties on interrogatories. After that include all the properties in the suit. It will take time but your will get your share.
1. You can obtain certified copy of property documents from the jurisdictional Sub Registrar's Office. The certified copy will be as good as the original one.
2. Also obtain Encumbrance Certificate from the jurisdictional Sub Registrar's Office for the property in question for a period of 30 years to know the previous owner/s and the present owner/s.
3. Contact the jurisdictional Corporation/Municipal Office to obtain death certificate of your grandmother. If you are not able to get it in a normal way, apply for the Death Certificate through RTI.
You first get the details of the property and obtain certified copy of the registration documents.
After that you file a suit for partition to claim a share out of your deceased father's share in the property.
You can implead all of them in the suit.
For filing a suit for partition you don't require a legal heirship certificate, instead you can furnish a family tree certificate duly notarized.
This should suffice the requirement of documents for filing the proposed suit.
Thank you. If I reside in Darjeeling district and the land in dispute is in Jalpaiguri district, can I seek legal recourse from my place of residence or do I need to do so from the district wherein the property in question is at?
You have to seek legal recourse from Jalpaiguri District where the property is situated and not from Darjeeling District in which you reside.
You may have to approach the registrar office within the jurisdiction of the location of the property to obtain certified copy of the registration documents.
Only the Court of the district in which property is located have power to decide any claim on the property. You need to go to
Jalpaiguri and file cases there.
File a partition suit they need to submit it before court
You need to file suit for partition within jurisdiction of courts where property is situated
- You can get the details and certified copy of the property left by your grandparents from the office of the registrar where the properties are located.
- Further, being the legal heirs of your father , you can send a legal notice to them for the partition of all the properties by metes and bounds left by grandparents.
- Further, if no response, then file a Partition suit with Injunction for getting fathers share in the property and to restrained them from selling any part of the property.
- Since, the properties are located in Jalpaiguri , then this suit will be filed there.
You need to file the suit only at the Jalpaiguri District Court where the disputed property lies.
Dear Client,
The Legal Heir Certificate is used for gratuity, pension, insurance, PF, retirement claims etc. Succession Certificate is a certificate granted by the Courts in India to the legal heirs of a person dying intestate leaving debts and securities.For getting succession certificate- approach the Taluk Office in Jalpaiguri,enter the details, attach the documents,affixing Stamp, submit the application,verification Process and issuing the Certificate.Court fees for succession certificate is 4% of the property value from Rs. 50001 to Rs 2,00000.
Thanks & Regards
