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My brothers don't want to give me my share in property

(Querist) 09 March 2019 This query is : Resolved 
Hi,

I myself used to practice as a lawyer, but due to brain haemorrhage around 10Years ago, I am sitting at home. My father died in year 2005, since now we didn't divided our shares, but yes all of our names are registered in property(home).Now as I have only girl child, I want to name all property to my adult girl child, but all are my brothers do not want to give me my shares as they think if I die they will occupy everything.

I am more than 60% disabled, now I am not in a condition to run here and there. Could you all please guide me what should I do?
SHIRISH PAWAR, 7738990900 (Expert) 09 March 2019
You can file partition suit in the court and after order of the court you can transfer the property in your daughter's name.
NANDKUMAR B SAWANT (Expert) 10 March 2019
Sir you may file a civil suit for partition of property and also give power of attorney to your adult daughter so that her name is already on court record as you may be unable to attend courts.court will issue notice to all defendents and order for publication of notice in news paper calling for objections if any.court will pass judgement and decree which you can get executed under provisions of sec.54 of cpc
NANDKUMAR B SAWANT (Expert) 10 March 2019
Sir you may file a civil suit for partition of property and also give power of attorney to your adult daughter so that her name is already on court record as you may be unable to attend courts.court will issue notice to all defendents and order for publication of notice in news paper calling for objections if any.court will pass judgement and decree which you can get executed under provisions of sec.54 of cpc
NANDKUMAR B SAWANT (Expert) 10 March 2019
Sir you may file a civil suit for partition of property and also give power of attorney to your adult daughter so that her name is already on court record as you may be unable to attend courts.court will issue notice to all defendents and order for publication of notice in news paper calling for objections if any.court will pass judgement and decree which you can get executed under provisions of sec.54 of cpc
NANDKUMAR B SAWANT (Expert) 10 March 2019
Sir you may file a civil suit for partition of property and also give power of attorney to your adult daughter so that her name is already on court record as you may be unable to attend courts.court will issue notice to all defendents and order for publication of notice in news paper calling for objections if any.court will pass judgement and decree which you can get executed under provisions of sec.54 of cpc
Sudhir Kumar, Advocate (Expert) 10 March 2019
No other way.
P. Venu (Expert) 10 March 2019
You are already joint holder of the property. As a lawyer, you ought to be knowing that there is no way in which you can be deprived of your property against your will and you have the discretion to file a suit for partition.
Dr J C Vashista (Expert) 13 March 2019
The share inherited by you shall automatically devolve upon your daughter (whether adult or minor).
File a suit for partition through a local prudent lawyer.
If you are located in Delhi/NCR and feel, may contact me (on appointment) at:
Ch. No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075
cell # + 91 9891152939 email: majjagdish@yahoo.com


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