Urmi 03 September 2023

Filing property share rights without id proof of parents

Hello,

My parents died without a will with three living legal heirs.

My parents left behind 3 properties. Only one of the flats has a nominee - my younger brother - who has the all important documents and IDs.

My brother is not willing to give me my share and has got the flat transferred in his name. Post which he has further nominated his wife for this flat and they are earning handsomely by renting out this flat. I have not given any consent for either of these activities.

I have tried to file a letter of administration in the Mumbai High Court but got an objection from the court requesting ID proof of my parents and also an affidavit of other legal heirs.

I don't have a hard copy of any ID proof of my parents and since he is not willing to give me my share why will he sign an affidavit?

Please help me in the right way forward.

I have the following documents - death certificates of parents, relationship proof, voter ID number of my parents and ownership documents of two or three flats.

Thank you in advance

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 04 September 2023

Instead opf letters of administration you should have filed a suit for partition.

The letters of administration will not fetch you any relief.

You somehow had to file a suit for partition even if you had obtained a letters of administration in order to get your shaer of property allotted to you by court.

Besides in the letters of administration you should have included all the legal heirs and should have made a mention that the identity proof, as required, is held by one of the legal heirs who is refusing to give it.

Even now it is not late, you can file a suit for partition by withdrawing the letters of admnistration applicaiton pending before high court

Dr. J C Vashista (Advocate ) 04 September 2023

I fully agree with the opinion and advise of expert Mr. T Kalaiselvan.

Your brother was appointed as a "nominee" who is just a care-taker till it is transferred to successors of the deceased.

However, ownership of property cannot be transferred to a nominee, as posted by you.

File a suit for partition seeking professsional services of a local prudent lawyer.

Real Soul.... (LEGAL) 04 September 2023

You should file a suit for partition instantly and get a stay order for diposal of any of the suit property.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 04 September 2023

You have to file a partition suit in local courts. Partition lawsuits happen when two or more people have ownership of one piece of property, and they can’t agree on what to do with it. For example, one party wants to sell, the other wants to rent, and the third wants to build a new structure.

This kind of lawsuit commonly happens when family members can’t agree on what to do with the actual property.