How can legal heirs claim for share in a property?
Question asked by Mr. Harsh Singh from India:
My father died in January’2010 without any will. We are 3 brothers (all married, I am a son), 4 sisters (2-unmarried, all aged above 40) and mother. Father had two houses in two different states. Our family is residing in one house. There are two issues: (i) Mother and my two elder brothers do not want to share property with me and sisters. They also plan to dis-locate two un-married sisters from my father’s house. In this situation: what are our legal options? What are the steps we should take to ensure that our property is safe and sisters are not evicted from there? (ii) The second house is vacant for last 6-7 years. The eldest brother plans to move into that house and occupy it without any-body’s consent. What steps we must take to stop this?
Thanks
Harsh Singh
Veena Answers:
We are of the view that all of you are the first class heirs of your father. Each one is entitled for a share in both the properties. Please publish a newspaper notice and also issue a legal notice asking for partitioning the properties. In case they don’t respond to the paper notice and the legal notice, you can consider filing a partition suit along with seeking a relief of injunction restraining your mother and brothers from transferring the properties during the pendency of the legal proceedings.
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