Share of my ancestoral property
we are 3 brothers and 3 sisters all are married, i am 2nd son(68yrs)myself,1st son died in 2007,3rd son (58yrs)alive who is in custody of all our properties.1st daughter(70yrs), 2nd daughter (65 yrs) 3rd daughter(55yrs) divorced staying with my elder sister.
my father expired in 2004, and mother before that.
my father made a will in 1990 which is typed in local language (Kannada) and got signature of mine, & my brothers and has registered or not which my 3rd brother is not disclosing.all the documents are with my 3rd brother.and is enjoying profit/loss of our ancestors property and my father earned property from 2004 onwards after death of my father(2004)
as per my father will (1990) he divided my ancestral property house to my 3rd brother, vacant site to me and my 1st brother.wet land ,dry land, arecanut ,coconut garden shared by my father (after his death to 3rd brother).and myself and 1st brother.
my father earned properties to 3rd brother and 3 sisters.all are registered when my father was alive. my father owns a petrol bunk from 1955 and i was also a partner till 1991 has been tactfully with drawn from me by some reason and is with my 3rd brother is enjoying after my father death.
i was in service in private company and retired in 2008 settled in banglore with my family.all my sisters and 1st brother family resides in banglore. my native is 75 km away and my 3rd brother
who takes care of all the property is not sharing any income to me, when asked for my share he gives vague answer and tell me to take it but not ready to share.
please advice how i should move legally and get my share
Asked in Property Law from Bangalore, Karnataka
1) take search in sub registrar office . if will s registered you would get copy of regd will
2) if will is not regd issue legal notice to brother to furnish copy of will
3) if he refuses file suit for partition to claim your share in property
4) also seek injunction restraining brother from selling property
If your brother is enjoying the properties alone and refuses to give any share in the revenue or property itself and if no peace talks fetches any fruit, then you my either issue a legal notice and then file suit or directly file a partition suit seeking partition and separate possession of your legitimate share in it and also can claim a share in the mesne profits and also the details of accounts of the income augmented so far.
Please be aware that you can seek partition of those properties which are still under common and not been settled/allotted on any individual's name.
If you know the description of the properties, ancestral or self acquired of your father, then you may file a suit for partition to cull out your share therein. If a will was executed in favour of your brother then he can plead it in his defence. The court will order partition by metes and bounds unless it holds that your brother has been able to prove inheritance to the properties.