Legal Question in Civil Rights Law in India

22.04.2012

Dear Madam,

Did your father make any Will signed by two witnesses whilst he was alive. If yes, the executor named in the Will will have to obtain a Probate from the Court for transfer of the property as per your father's wish.

In the absence of a Will, strictly speaking, the property will be legally transferred in the name of your mother to hold a 1/6th share in the property herself and NOC from all her sons and daughter to transfer the property in her name till she is alive.

The memorandum of understanding made by your brothers transferring the property to them will have to be referred to, if all sisters including your mother have mutually consented to it. You may be having a copy of it for your record. If not, please request your brothers in writing to provide it.

Yes. You reserve the legal right to protest and lodge a writ petition against your brothers, especially if they have received a willful gain and / or monies on the property, but have refused to part with your share.

You may mail me the scanned MOU copy for further on-line legal advice at [email protected]

Regards,

Yes you still can claim your share in the property left behind by your dad. You have file a suit for partition against all the legal heirs including your mother.