Can i get my right ?
mani singh
(Querist) 09 September 2011
This query is : Resolved
My father expired on 25 Aug 2011.11 month back I with my family & 4 month kid seperated.My father had property of 3 crores approx.They gave me 35 lac house only & also written in 100 rs stamp about to no right on property in future.I had no option at that time for mental piece.Now I have 2 elder brothers & 2 married sisters too.My mother has some mental problem &live with elder brothers & their family.My father has no will.How can I get my remaining property ?
ajay sethi
(Expert) 09 September 2011
you have stated that your father had property of 3 crores .in repsect of said property their are 6 legal heirs .your mother , 3 brothers and 2 sisters .the share of each family member comes to around 50 lakhs
you have stated that you have been given a house worth 35 lakhs . however if you have on stamp paper relinquished your rights to property you cannot claim any further share .
please consult a local lawyer as to the relinquishment deed executed by you .
prabhakar singh
(Expert) 09 September 2011
Though a bit complication has taken place,but it appears that partition has taken place through an unregistered document executed on Rs 100/=which is illegal for want of registration and payment of proper stamp duty.you should have opted to attach the same for our perusal.
Anyway now when your father is dead,still a fact remains untold by you that properties left by him are his self earned or inherited.
This first part of answer is based on pre supposition
that properties left by your father were his self acquired properties and were not inherited by his father from your grate grand father in the chain.
That being the case including your mother and 2elder brothers and two sisters and you makes in all six sharers who shall be entitled to inheritance in absence of a 'will'from your father as per provisions of Hindu Succession Act.
It is quite clear they will not give you on their own,hence you need to file a suit of partition in civil court claiming 1/6 th of your share in all the properties including one given to you,and without mentioning past story ,and leave it up on them to plead your separation which you deny by your rejoinder and assail 100 rupee document as in admissible in evidence,claim it to be forged and impersonated or fraudulently prepared,hopefully you will be able to make a stand.
In case the property left by your father was inherited from your grand father and your grand father inherited from your grate grand father,then each of your brothers and sisters as per law have survivor-ship rights in the properties according to which the share of your father would be only 1/6 and 1/6 of yours and 1/6 each of your two brothers and 1/6 each of your two sisters.In this case your father left only 1/6 share which shall be divided among you six including your mother so that share of your mother would be simply 1/36 while that of you five each share would be 1/6(owned share by birth)+ 1/36 from 1/6 of your father ,hence in this case your share would be 7/36 so would be of each of your 2brothers and two sisters each that is 7/36*5=35/36+1/36(of your mother)=36/36=1.
so i have anticipated now both possibilities and have accordingly demonstrated the shares available as per law.
But for going ahead with advise you need to engage a civil lawyer to whom you need to brief facts as they may be and then file the suit as advised either for 1/6 share or for 7/36,as the case and facts be.
Devajyoti Barman
(Expert) 09 September 2011
File a suit for partition and injunction if you have more share than what you have already got.
Your statement on Rs 100 paper has no force pf law.
Shastri J.K.
(Expert) 09 September 2011
I agree with mr.Devajyoti Barman.
Raj Kumar Makkad
(Expert) 09 September 2011
partition is ok but you have got no right to retain more than your share by way of getting injunction as suggested by some experts. Partition and possession accordingly is the only lawful remedy.
M/s. Y-not legal services
(Expert) 09 September 2011
Yes. Am also agree with mr.barman. Rightly advised by him. You are entitled to claim some more as your share. You , your mother 2 brothers and 2 sisters all are having equal shares.
prabhakar singh
(Expert) 09 September 2011
in my view Mr. Makkad is right as a a co sharer can not seek injunction against other co sharer except to the extent that there be no interference in his joint possession since each of them has right to possess ever inch of land.
