M.R.devi

Dear Client,
Your query lacks information and too insufficient to address it properly. Your query did not disclose how and when the property devolves upon your siblings who denied your share in the said property. These information are crucial to address your query and concern suitably. However, be informed that after the amendment of the Hindu Succession Act in 2005, daughters, regardless of their marital status, were given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. In the case of Vineeta Sharma and Rakesh Sharma & Others (2020), the Supreme Court determined that daughters have coparcenary rights in their father’s property since birth, irrespective of the fact whether their father expired before the 2005 modification to the Hindu Succession Act. The court stated that this amendment only intended to clarify, and it did not deprive any previously vested rights. The Indian Succession Act provides only for such relations that arise from a legal and valid marriage. A legal heir certificate establishes the relationship between the deceased person and his/her legal heirs. Legal heirs of a deceased person are spouse, children and parents. A legal heir certificate can be obtained after the death certificate is obtained from the municipality/ corporation to claim their right over the deceased person’s properties. Two common documents are required for processing and issuing a Legal Heir Certificate(Haisiyat praman patra) of a deceased person, one is a death certificate of the deceased person and an affidavit sworn by any one of the family member declaring therein the details of all surviving legal heirs or family members of the deceased apart from other routine documents certifying the identities of the legal heirs. A legal heir certificate is issued by the concerned Municipal Authority or Tehashildar under whose jurisdiction the deceased or surviving legal heirs permanently reside. In the absence of death certificate of the deceased, you need to visit the local municipal office or Gram Panchayat where the death took place and apply for a Non-Availability Certificate(NAC), which is a formal statement issued by the Registrar appointed under the Birth and Death Registration Act, 1969 that the death record from 1960 does not exist in their register. A notarized affidavit stating the facts of the death. Apply to the First Class Judicial Magistrate concerned along with the prescribed documents, NAC, Affidavit and other relevant documents explaining the reason behind the delay in the application and praying for an order for the delayed registration of death and issue of a death certificate in favour of the deceased. On receipt of order of the Magistrate, you need to apply to the Registrar appointed under the Birth and Death Registration Act, 1969 along with the said order and other relevant documents for issue of death certificate. Post receipt of death certificate and legal heir certificate of the deceased from the concerned authorities, you can a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963, read with Section 151 of CPC before the competent Civil Court, praying the Court to exercise its inherent power to do justice. The limitation period for filing a suit for declaration of title is three years as per Article 58 of the Schedule to the Limitation Act, 1963. However, the Supreme Court in the case of N. Thajudeen v. Tamil Nadu Khadi & Village Industries Board held that a suit for a declaration of title to immovable property would not be barred so long as the right to such a property continues and subsists. Being a coparcener and legal heir, you can file a civil suit seeking a decree of partition in the civil court to obtain your share in the said property. Hence, it is recommended to consult with an experienced property Lawyer for tailored advice and steps to understand your rights and remedies to navigate the matter effectively.