Property dispute between me and my brother Property dispute between me and my brother

6 years ago

My father died recently. My mother is a nominee in all FDs of post office accounts and properties. My brother has threatened my mother, who is a mental patient and has kept her with him. I am a legal heir and have a legal heir certificate too. When I asked him about sharing property, he kicked me out of the house. Now what should I do for the sharing of the property?

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client You may get issue a legal notice not to pay the amount to your mother or brother. In the meanwhile you file a suit and claim stay on disbursement of such amount till Court decides your share.
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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
Nominee is a trustee to receive the maturity or otherwise amounts of FDs and distribute the same among the legal heirs of the deceased. You may get issue a legal notice not to pay the amount to your mother or brother. In the meanwhile you file a suit and claim stay on disbursement of such amount till Court decides your share.
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Abhimanyu Shandilya

Responded 6 years ago

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A.Hi,
I assume that you are a Hindu. You undeniably have legal right in the father's ancestral property and your brother can not "kick you out" of that right. You ask him nicely to share the property equally or you can certainly file a suit for partition in the competent court.
Lately Supreme Court has also mentioned that girls born before 2005 are also eligible to share the father's ancestral property.(http://freepressjournal.in/headlines/women-born-before-2005-hindu-succession-act-also-have-equal-rights-on-ancestral-property-supreme-court/1216577)
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