Grabbing property
S HAJA NAJEEMUDEEN
(Querist) 31 October 2018
This query is : Resolved
Sirs,
'X' My younger brother who is handling the rent from the common property is not willing to divide the property among the legal successors ( brothers and sisters). the owner of the property is my father and he is no more. Mother also expired. "X' is owning a house and purchased 2 nd house also. I want my share from the common property owned my father; so also my other brother and sister. How to get the property divided? what is the legal remedy? is it possible to charge conspiracy to grab the property without any valid legal authorization? will complaints against my brother who is a Govt. servant, considered by the Govt. Department authority? kindly advice.
Isaac Gabriel
(Expert) 31 October 2018
Consult at Registrar office or tehsil to partitioning the property among you, the legal heirs.
Suresh
(Expert) 31 October 2018
You have a remedy to initiate for partition suit, you will have to engage a local advocate, send a Legal Notice through the Advocate, subsequently also conduct search at relevant sub registrar office, also inform about your interest in the said property to the Co-operative Housing Society of the Flat Building. It doesnt matter even if your brother is a Government Servant. I am placed in Mumbai.
Dr J C Vashista
(Expert) 01 November 2018
Consult and engage a local prudent lawyer for better appreciation of facts/ documents, analyse, guide and proceed professionally.
Kumar Doab
(Expert) 01 November 2018
Does a valid agreement/authorization favoring said brother as in query empowering to collect rent exist?
Does such agreement/power contain a clause that he shall share the rent with others?
Do you have copy of service rules, conduct and discipline rules of establishment of brother whose help or attention you want to take?
The employer of your brother cannot partition the said property!
Relate the matter to bring out the transgresion/misconduct (if any per agreement or rules) that you want to point out or highlight!
Other legal heirs may claim their share in property and rent.
Kumar Doab
(Expert) 01 November 2018
You may understand the procedure.
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
The authority shall update the mutations records without boundaries for individual legal heirs.
The legal heirs can settle the matter (with boundaries also) amicably amongst themselves by a (family) settlement deed and register per prevailing rules as in your state.
Kumar Doab
(Expert) 01 November 2018
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc and settle the matter amicably and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g; Civil courts, HC, SC …
The court can partition with boundaries per facts of the matter.
If amicable settlement is not possible then entrust the matter to a very able LOCAL counsel as already suggested and wait for the court to decide the matter.
