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gspal (home-based transcriptionist)     11 December 2008

How to go about getting share in deceased Father's property.

We are non-turbaned Sikhs. How to go about getting a share in my deceased Father's freehold residential house in New Delhi who died intestate in year 2000  I am not living in that house occupied by my mother. The house is built on 420 sq. yds. My mother and other (elder) brother are not interested in granting me a share on one pretext or the other. My mother manages her expenses from Father's family pension and bank deposits. The municipal corporation, Rajouri Garden has incorporated my mother's name for payment of property tax and she does the same. The telephone has been transferred to her name. Filing a partition suit would be beyond my meager means as it entails payment of court fees of 4% of the value of the property, which by municipality rate is alone around 30k per sq. yd. while by market rate around 100k per sq. yd. Together with court fees there would be advocate fee. The only thing that I could do and did was file an affidavit on stamp paper with the said municipal corporation that I too am a shareholder in the said property. I have a receipted copy of the same. My intention is not to come and live in that house or sell my share as yet, but to have title to my one-third share in my name so that I can Will it to my daughter.


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 5 Replies

Ajay kumar singh (Advocate)     11 December 2008

You will have to file a suit for partition.You have no other option.Partition suits are filed on fixed court fee.Please try to  know what amount of fixed court fee is applicable in Delhi.You will certainly get your share.

gspal (home-based transcriptionist)     11 December 2008

Dear Mr. A.K. Singh, thanks for your reply. The court fees in Delhi is 4% of the value of the whole property as mentioned earlier by me. As there is no other option than going through a court which I cannot afford, it is best for me to forget about it. However, is there a way for me to stop my mother or/and her other son (there are only the three of us as claimants, no sisters, etc.) in getting by dubious means the property registered in their own names with the registrar of properties or/and selling the same or/and renting the whole/part of the same? They have already transferred the single owner fixed deposits in the bank in their names.

Sushil Kumar Bhatia (Advocate)     15 December 2008

Dear,


    After the death of your father the right on property left by your deceased father is devolved upon you the three persons i.e mother ,and two brother in 1/3 equal shares municipal record donot give any title to particular person whose name entered in record you can  you can file a partition suit or to file declaratory suit to declare ownership of 1/3 share and possesion and file injunction application to restrain your mother and brother to transfer the property without your consent.

gspal (home-based transcriptionist)     17 December 2008

Thank you Mr. Bhatia for your very helpful response. Does the Limitation Act apply to filing a partition suit/declaratory suit/injunction application for the said share in residential property? If so, then what would be the time limit and what would be my situation for crossing such time limit?

Sushil Kumar Bhatia (Advocate)     17 December 2008

Dear,


       Your right of 1/3 share in the property is life some when someone infringe your right on that day cause of action arise from today and in future you can file suit any time when deem fit .


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