Grandmother passed away and property is in her name Grandmother passed away and property is in her name

2 years ago

(Family: Grandfather(Dead), Grandmother(Dead), Father(Dead), Mother(Alive 49), Brother(Alive 27), Me (Female 26)...Hello. I live in vadodara gujarat. My grandfather came here and build a home with his own money in his own name around 40 years ago. He passed away in 2013. After that the property was transferred to my grand mother's name. My grandmother passed away in March 2020. We did not transfer property to my father's because covid hit. Unfortunately my father also passed away in september 2020. Since then the property is in my grandmother's name only. Due to some family issues, my father never told us where the property documents are. He always send he put it somewhere and couldn't find it.After he died we searched the whole house but could not find it. I have a strong doubt my brother has it and does not want to give it and is hiding it somewhere. For some background, my brother was always favoured by my grandmother and she provoked my brother his whole life against me and my mother. She also told him that once she and my father dies, me and my mom will snatch the property from him and will kick him out (Which we obv. won't do). Now the actual problem. The original property comprised of two properties (eg. A-201-202). In 2011, due to some debt issues, A-202 was sold to someone and by that money, my grandmother bought a shop in a commercial building in my brother's name to secure his future. Fast forward to november 2021, I want to go to canada for my furthur studies and work. I asked my brother to either mortgage the house or be a co-applicant(without collateral) for education loan. I will pay the 100% loan repayment. My brother has refused to do both. Now i want to go legally and get my share of the property (house and shop). The shop is in my brother's name i do believe i have the right to it too. Also regarding the property document i have decided to file and FIR. So will my FIR be accepted as i am not currently the owner of the house (i can provide my grandmother's aadhar card and death certificate) to the police. Please guide me. Do i legally have a share in shop in my brother's name? I also want my mother on the name of property. She deserves it.

Anik

Responded 2 years ago

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A.Dear client,
Yes you can file a civil case as it is a matter of ancestral property and it is to be shared between all the legal heirs equally. You can file an FIR for recovery of documents from your brother.
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