My siblings are not giving me my parents property papers and details
3 weeks ago
I am living in Delhi with my two children and I am a single parent and I am divorced. my parent's property is in Chattisgarh, Bhilai. The property owner was my mother and she passed away in 2019. My siblings never provided any documents related to death certificates or reasons about my mothers death. My siblings are also from Bhilai, chattisgarh one brother and sister is married and is from Raipur. Actually numerous times i have asked my siblings about the deed and property papers but they always give some reasons and are always luring me and have never given me any property papers since. So I am unable to claim my part of the property. I want to have my share of the property. I am in urgent need of money and as a single parent I am having trouble with my finances and have asked my siblings for help and they are not helping me so I asked them if they could give me part of the property but they are not giving me that too because I stay in Delhi not in Chattisgarh but it is so unfair. But i need my share. How can I claim my part I want them to provide me with papers and details of the property. How can i File a case from Delhi? Please I need help.
The property of a married Hindu female dying intestate (without a will) is distributed among the legal heirs in accordance with Section 16 of the Hindu Succession Act, 1956 which includes her husband, children, and other relatives. According to the 2005 amendment to the Hindu Succession Act, 1956, the daughters are entitled to an equal share in the property of their parents as that of the sons, irrespective of their marital status. Your siblings cannot deny your share in the property. Any agreement to sell such a property without your consent shall be void. So, in this situation, you need to send a legal notice to your siblings and further file a suit for partition decree. The suit for partition decree should be instituted in Bhilai, Chattisgarh as the property is situated in that area. It is advisable to consult an advocate in the said area to guide to through the available legal remedies and assist in the matter.
Hope it helps.
Thank you.
Regardless of the character of the property, whether it is an ancestral property or self-acquired property, on the demise of its owner intestate i.e, without a will, all the servicing legal heirs are entitled to an equal share in the said property following the Hindu law of inheritance or succession. After the amendment of the Hindu Succession Act in 2005, daughters regardless of their marital status given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. You can access the details of the property from the concerned authorities like the Sub-Registrar's office or the Land Revenue Deptt. If required, you can hire the service of an Advocate for court searching of the property to access its details. In the given scenario, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC praying the Court to exercise its inherent power to do justice. Additionally, you need to file a partition suit before the Civil Court seeking partition of the said undivided property. Reach out to an Advocate for guidance and steps/support.
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