Anonymous
Asked May 02, 2017

Share in parent's property

  • 1 Answer
  • 457 Views

I have two elder brothers and elder sister. My father and mother both died before my marriage and they did not write any will. We have two buildings and one in mother's name and other in father's name. I do not have original property documents or duplicate copies. (sub registrar office also don't have copies as they were burnt. my brothers and sister reside at the same property and gets rental income from the property and they are enjoying without giving my share. my elder brother got one building on his name using mutation endorsement 17 years ago and he got property tax and electricity bill on his name while my father was alive.(how long this is valid?) They are threatening me and not giving my share. How can I get my share and what documents needed. They are also trying to prepare will using forgery. If I proceed legally they will abandon me and how the court will decide which portion I will get in the building as it is three storeyed building with 9 portions.

Answer 1

You will have to obtain a succession certificate from the court as per the succession laws applicable to you. If you are a Hindu, as per the Hindu Succession Act, 1956 (sections 8 and 15), you will get an equal share with your siblings in the property of both your parents. While the sub-registrar might not have the duplicate copies, you can apply to her/his office to issue a fresh copy after paying the requisite fees. Further, you can also ask the Court to direct your siblings to produce the copies in case they have these. The mutation does not have an expiry date. 

The court will either ask you to settle between yourselves about the portions, or will ask the property to be sold, and the money so received to be divided amongst you. You can first talk to your siblings about the issue and the legal action you might take in case they don't agree, however, if they don't oblige, you might have to rely on the legal action only.

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