Property Dispute between siblings
9 months ago
Hello, My father died in 2011 while leaving behind 5 siblings (2 brothers and 3 sisters) and a widow. Now, my father has a house which he has built by his own money where me and my brother lives. I don't know about the money my father had as he was leaving with my elder brother. We also had one case going on for house boundry issue for which my elder took my signatures on some power of attorney but I haven't read it properly by trusting him and I suspect it now. Also, he has constructed first floor above his living premises in the current land without any written permission from me as I'm part of siblings. I also don't have a legal heir certificate. 3 sisters are also in a favour to give their share to elder brothers. What should I do now?
Since it is an intestate property of your deceased father, you along with other siblings are entitled to an equal share in the property. Try to collect the relevant property papers from the BL&LRO office/circle office and approach to the concerned Municipal Authority for the issue of a legal heir certificate following the standing procedures. Consult with an Advocate for necessary guidance and steps for filing a partition suit in r/o said property to get back your share in the intestate property of your deceased father.
As its your father's property, you have equal rights over it. If the construction still hasn't finished, please approach the court and file an application under order 39 rule 1 and 2 of the Code of Civil Procedure to get an order of temporary injunction.