• Can give legal petition to register office

Dear sir,
My father  have 3 son and one elder daughter (mine) .my father purchase land and he built own  house  his income .My marriage was carryout in the year 1989. Due to my father sudden death due to heart atatcke  in the year 31-7-1997 and we are received the varisu certificate obtained from Municiplity office with my name and my 3 brother . Due sudden death my father all land property and house all are in the father name . also After my father  death ,my mother and 3 brother  are  married and live in the same join family . now my mother death suddenly on 24-Feb 2015.Now my 3 brother has planned that they will not given any share of my father property , they 3 brother planning to share all property without given to any property to me (Daughter)and  they remove  my name from my mother varisu certificate .
Now my ask question is 
(a)	Is it possible my brother has removed from my mother varisu certificate? but my name is already in varisu certificate  when my father death .
(b)	As per law is it possible I can get share of my father property and land including cash amount in bank accountant
(c)	What are the details of legal  points ?
(d)	Can given  legal notice against my brother now ? how  I can make legal notice  which is through lawyer 
(e)	Can given legal pet ion given to municipality  regarding  omission of my name from vaishu certificate 
(f)	Can given legal petion  given to register office that my 3 brother is share the my father property ,cash,land within brother and not given any share in property ?
        Please given details and need advice further action sir
Asked 1 year ago in Property Law from Rajapalayam, Tamil Nadu
Religion: Hindu
Hi, the property is the self acquired property of your father after the demise of your father all the legal heirs of your father has right over the property so your brothers have no right to deny your share.

2 You have to file a suit for partition before the jurisdictional court and ask for your share in the property.

3. For drafting of the petition and for issuing legal notice contact local advocate and they will  help you in this matter.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
a)	Is it possible my brother has removed from my mother varisu certificate? but my name is already in varisu certificate  when my father death .
The legal heirship certificate so obtained excluding you name is invalid and illegal, you are one of the legal heirs to your parents.



b)	As per law is it possible I can get share of my father property and land including cash amount in bank accountant
Yes, as per law, you are one of the legal heirs to your father hence you are entitled to an equal share in the properties both moveable and immovable.



(c)	What are the details of legal  points 
What legal points you want on it, yo are the legal heir and hence you are entitled to a legitimate share in the intestate property of your father. 




(d)	Can given  legal notice against my brother now ? how  I can make legal notice  which is through lawyer 
You contact a local lawyer and issue a legal notice seeking partition and your share in the property.



(e)	Can given legal pet ion given to municipality  regarding  omission of my name from vaishu certificate 
You can issue an objection letter to the Tahsildar who issues the legal heirship certificate and not the municipality. 



(f)	Can given legal petion  given to register office that my 3 brother is share the my father property ,cash,land within brother and not given any share in property ?
No file a partition suit and seek an injunction by impleading the registrar as a party.



if i can given petion to my brother kindly given the draft petion  and given your contact deatils so that i can further contact in this regarding . also all reply shall be mail in my mail -vel4563@yahoo.com and my contact no +966533126837 and indian no-+919610737359
You can consult a lawyer of this forum by paying consultation fee as prescribed by this forum. 
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
1) your name cannot be removed as you are a legal heir 

2) you have to file suit for partition to claim your share in the property 

3) before  filing suit for partition issue legal notice to your brothers to claim your share in the property 

4) contact a local lawyer . 

5) since your father died intestate you can also obtain letters of administration in respect of movable and immovable properties of your father in name of all legal heirs from district couirt 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
we dont provide draft of petition 

2) you have to contact a local lawyer in this regard pay his legal fees and proceed accordingly 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
1. Both you and your mother equally inherits the property of your father with your brothers. Removal of name from certificate can not deprive you or your mother from inheritance rights.
2. You are entitled to equal share of the property of your father but in those which are his ancestral property.
3. If your brothers refuse to give your due share file suit for partition and injunction.
4.meet a lawyer , he will prepare the notice.
5. You can but filing of partition suit is better remedy.
6. Yes
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
4.9 on 5.0
After the death of father all of you (mother, 3 brother and you) have become the owners of his immovable and movable properties by way of succession. After the death of mother the share devolves up on is 1/4th .You can legally claim and enforce the same by way of filing partition suit. 

From excluding you name in your mother varisu certificate
is invalid and illegal, you are one of the legal heirs to your parents.

Before  filing suit for partition issue legal notice to your brothers to claim your share in the property.You have to contact a local lawyer for sending a notice.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. Your brothers are no ones to deny you a share in the property. On the demise of your father his widow and children succeeded equally to his property. The share of daughters is at par with that of sons in the self acquired property of father.

2. Even if your name has been removed from the legal heir certificate it does not impair your right to claim your share in the property.

3. You are at liberty to file a lawsuit for partition to cull out your share in the property. To get your share in the savings account of your bank you are required to file a petition for Succession Certificate in the court.

4. There is no need to issue a legal notice for omitting your name from the legal heir certificate. You can directly file the case to get your share in the property.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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