Legal Question in Real Estate Law in India
I was married in the year 1995 and was working in govt. department. My father was expired in the 2010 and my mother died on 9th october,2011. My father left behind a house, share certificicates and fixed deposits in the post office. I want to know what is my right in the house, share certificate and post office deposits because i have no records of shares certificates and accounts numbers of post office. When i asked my brother for my share he shouted on me and challenged my to take from court. His daughter and wife also threat me to lodged a false complaint against my husband.
May i request kindly guide me what steps are required to be taken step viz steps. How much time required for court decision.
3 Answers from Attorneys
All the children of your parents (you and your siblings) are entitled to inherit their property in equal shares.
You may file a civil suit against your brother claiming half share (if there is no other sibling) in the entire property of your parents - movable and immovable.
You may need to engage a lawyer for pursuing your remedies.
you have equal right in all moveable as well as immoveable properties of your late father. Your brother, his wife or daughter cannot deny your right in any of the property left behind by your father unless your father left a will in favour of your brother or any member of his family. Even if you do not have the particulars of deposit, but if you know the name of company and the branch of post office, as a caution, you should write making your claim and asking them to not to handover the proceeds to your brother. For other properties you will have to file a case for partition of the properties.
you may file a petition for succession regarding the property.
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