How do I get my share in property
My father died in 1987 leaving behind a firm having about 30 lac yearly turnover, 2 houses. He did not make any will. My elder brother took over the charge of his business and did not give my share. neither from business nor from house property. We are total 6 brother/sisters. My mother expired in 2003. She also made no will. What should I do now, to get my share?
Asked 3 years ago in Property Law from Chandigarh, Chandigarh
you can file suit for partition claiming 1/6th share in property of your parents . you can also obtain an inunction restraining your brother from disposing of tthe properties or creating any third party rights till the disposal of the suit .
Above is the only solution if you all six cannot reach on some settlement among yourself.
Advocate, New Delhi
Make sure that you do not sign any deed releasing your share in the property of your father. After that you may file a suit for partition for getting the requisite 1/6 share in the property.
If your father made no will then you have inherited his movable and immovable assets in equal share with the other surviving heirs to him. Your elder brother asserting claim to the entire business of your deceased father is illegal.
If you desire to preserve and cull out your equal proprietary rights then follow a pro-active approach and immediately file a case for division of property in the court and also seek a stay order against your brother so that he does not sell any of these properties till the time the court lawfully orders a division thereof as if he succeeds in selling any of these properties then it will be extremely difficult to impeach the sale/disposition.