Share of property
Vijaya
(Querist) 11 September 2013
This query is : Resolved
Sir, I am a resident of Bangalore, Karnataka.
My father expired in April 2012 at Hubli, Karnataka. He was a partner at the family business started by my grand father. After demise of my grand father, my father and his younger brother got equal share in property which my grand father had written in his will. And all the immovable property including plots, commercial buildings, house were all jointly registered in both my father's and his brother's names.
Now after my father's death, my uncle wants me and my sister, and my mother to give a written legal letter stating that we have left all our share in his name, including property, business, and whatever financials they had in common including bank accounts.
Also my uncle is not ready to show the partnership deed which existed between him and my father.
Please note that, as me and my sister are married and stay in another city. My mother wants to stay in the same house, where she lived with my father, where all of them lived as a joint family, that is my grand parents, parents, uncle and his family.
Now when me and my sister went to apply for succession certificate at the municipal corporation of the city where my father lived, and had property, our application got turned down because, we live in another city, and not in the native where my father's property is there.
And also in the affidavit, we put our address as care of
address to my father's address(Hubli), and attached aadhar card as proof of identity pertaining to the address where we live(Bangalore).
We were asked to furnish local address which we dont have.
So in such a case what should we do to get succession certificate. Please note that my mother does not want to fall into any legal matters, so only we both sisters have to go forward with this matter. Is there any provision by which we can get the succession certificate through court.
Please suggest as what should we do.
Thank you.
Vijaya
prabhakar singh
(Expert) 11 September 2013
From narrated stories it goes for granted that your uncle is eyeing upon properties left by your father and has turned out dishonest.he might have colluded with municipal authorities.
None of you should write any deed of any kind in your uncle's favor.
A suit of partition of properties and accounting and winding up of the partnership firm is the only course left in circumstances stated which should commence
now as early as possible.When your mother is not agreeing she may also be sued as defendant along with your uncle.
You should visit a civil and business law practitioner to do the needful.
ajay sethi
(Expert) 11 September 2013
dont sign any documents requested by your uncle . contact a local lawyer
Rajendra K Goyal
(Expert) 11 September 2013
Agree with the experts, nothing more to add.
Raj Kumar Makkad
(Expert) 13 September 2013
You need not to bow against the illegal wishes of your uncle.
