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Priya (none)     06 August 2014

Heirship

My father, 65 years old, is the eldest in a family of 4 brothers and 2 sisters. His father expired 4 years back. When he was alive, my father has given money to buy land (3 acres)  and 24 cents of housing land which was registered in his first brother's name following his father's advice & for which there is no proof. The first brother is not willing to share it with his siblings now. One ancestral house has been registered in his younger brother and his wife’s name by my grandfather without consent from my father. My father had spent for the wedding of 2 of his brothers and 2 sisters and for buying the property. He has a spent a lot for his family and has been bullied by his siblings for money, but now does not have a piece of land in his native village. He does not want to fight with them for property. He is a senior citizen, retired from government service and wants to be free of their torture.

There is another case going on regarding an ancestral property which was divided among my father's grandfathers in which one of his grandfathers hid a main share from his brothers. This property was given by the government free of cost. My dad’s father initiated the case and his brothers and sisters are fighting the case for past 10 years without success. My father was not interested and didn’t get involved in this case from beginning. The heirs of the grandfather who hid the property and claimed for himself have divided it among themselves and have been paying taxes regularly.

Now that my father's father is dead, his brothers want to fight the case and they are asking for ration card xerox of my father to get heirship certificate.

Is there a need for it? Does the heirship certificate require all heirs to be documented even if they have no interest in the property? At present no property is under my grandfather's name. If my father is not interested in any property of theirs, is there a necessity to provide copy of ration card or get involved in the heirship certificate when he does not feel the need for it?

The problem we bother about is chances of misuse of the proof for dumping of the expenses incurred on the case in the past years or in future, as has already happened in many other instances previously. My father is even fearing for his life to go to his native place as they have threatened previously. He does not want heirship certificate for any purpose. Kindly guide.

 

 



Learning

 1 Replies

B.T. RAVI (LEGAL MANAGER)     07 August 2014

A. It can be presumed that your father was given money for purchasing property during the existence of joint family. Hence, your disputed property was purchased with the help of your father earning income while the existence of the joint family. Hence, he is entitled to get  a share over the property. 
B. Your father can challenge the property transaction between siblings and younger brother filing a Partition suit against the coparceners before the Jurisdictional Civil Court.
C. In another case, there is no particular information regarding litigation, what type of case has been initiated and what is the status now?
D. All legal heirs of the deceased father's father can file a Partition Suit for distribution of equal right.
E. Better, contact local advocate and submit your family tree, death certificate of your grandfather along with revenue records, Grant order etc. 

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