After the intestate (without leaving a Will) death of your mother, her estate devolved on all the five of you in equal measure. In other words, each of you five was entitled to 20% undivided share. You have to file a title suit at the district court for setting aside any sale made by your brother without your express consent or relinquishment and declaration of your share in your mother's property, through a local lawyer.
Property Dispute between My eldest brother and me
Hi , I am Kavitha around 64 years of age. We are three brothers and two sisters and I am the youngest of all 5 (female child). Second brother and elder sister have passed away. I am around 64 years old, and my eldest brother (first child) is around eighty plus years old. (Property dispute is between two of us) My father has purchased a housing property long back, when I was a child of about 10 years age. The property is on my mother's name and both my father and mother now passed away (quite some time back). My third brother (fourth male child) has already settled-up with other two brothers, he has taken his share in CASH and written a note that he won't interfere in the property in the future dealings, Infront of all village people and no problem with him. Per new law, women get equal share of father's property, when I ask my eldest brother (first male child), he is not willing to give me any penny. He is saying that my share was being used for doing my marriage. (40 years back) The property value is now appreciated by many folds. At the time of my mother's death, property was still on her name and never she transferred to her eldest son (first male child). However, In the last 4 or 5 years, I came to know that my eldest brother somehow got the property transferred under his name in the pre-text of selling off it later. Please advise if I am eligible to get my share of the property? If so, what should I be doing? Thanks...
Asked 3 years ago in Property Law
Religion: Hindu
8 Answers
1. Assuming that your parents died intestate ( without executing a WILL ), the share in the property devolves equally to three brothers and two sisters.
2. Since your second brother and elder sister have passed away, their children will be entitled to subdivided share equivalent to their father/mother's individual major share.
3. You are entitled to equal share on par with your siblings in the instant property. Expenses incurred by your parents during your marriage has no significance in respect of this property.
4. Send a legal notice to your elder brother, for partition and separate possession of the property.
5. If there's no positive response, file a suit in the jurisdictional Court for partition, declaration and separate possession of the property by metes and bounds.
6. If your brother tries to sell the property without your knowledge, obtain injunction order to refrain your elder brother from selling the property.
You are very much eligible for a legitimate share out of your deceased mother's property if she had been reported to have died intestate.
If your brother is giving a flimsy reason to not to allot your rightful share in the property, you can file a suit for partition against him and seek for division of property and separate possession your legitimate share in it.\You consult a local advocate and file a suit for partition immediately without wasting more time.
If there is no will by your father and mother then definitely you will get your share
1)file suit for partition for division of property by metes and bounds
2) seek injunction restraining sale of property by brother
3) seek orders to set aside mutation of property in brother name
- As per law , after the death of your parents /mother her property would be devolved upon all the legal heirs equally i.e. your share in the property is 1/5
- Your said brother cannot refuse to give your share in the property on the ground of expenditure on your marriage etc , and further he cannot transfer the property in his name without getting your consent legally.
- You can send a legal notice to them for giving your share in the property
- If refuse then file a suit for partition & injunction for getting your share in the property and to restrained him from selling any portion of the property.
Dear client,
you are eligible for your share in the property. You can claim for partition and file a case in court. If he has sold the property then the court can make your brother pay in cash or else he will have to give an equal share in the property.
Thank you
You have to file partition suit for division of property.
You can also apply for injunction restraining any further sale of property by brother.
