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Father's property

(Querist) 10 March 2014 This query is : Resolved 
We are 2 brothers and 1 sister. All three of us are married. We have 2 properties of our father. One home and another factory. Since my father’s death in 1998, my brother has been staying at home along with our mother. We had some money of father left which was put in a fixed deposit. The interest of the money comes to my mother account on a monthly basis. My brother utilizes all the money. He has renovated the house without our constant and now claims that he has spent a lot on the house.
The company is in his name which was previously in my father’s name, this was done due to a problem which arose and at that time I had told him to make it in his name since I would not be able to work there.
For the past 15 years I had not been able to utilize a single penny from my father’s property. I talked to my brother for making mother's will and a deed that will give equal rights to all three of us to father’s property. He has been somehow delaying it for the past 9 years. Mother and sister are both on his side and would only be favoring my brother in all his say.
Can you let me know is there is anything in the law thru which I can utilize to get my father’s share of property.
ajay sethi (Expert) 10 March 2014
file suit for partition after issue of legal notice
R.K Nanda (Expert) 10 March 2014
file partition suit in civil court.
Rajendra K Goyal (Expert) 10 March 2014
Issue a legal notice claiming your portion in the property. If no response, file suit for partition.

For movable assets of your father, if you have not agreed any thing in written, you can lodge your claim on the bases of balance sheet of the year your father expired. However, it is very late.


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