Property in Goa

Dear Client,
Your query lacks information and too insufficient to address it properly. Your query did not disclose how and whether it is a self acquired or ancestral property and how 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. In case of intestate succession(where there is no WILL), all the surviving legal heirs of the deceased owner are entitled to an equal share in the property left by the owner. Regardless of nature or class of property, until and unless an undivided ancestral property or self-acquired property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. In the given scenario, you can to file a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an order of injunction under Order 39, Rule 1 & 2 read with Section 151 of CPC 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. When such right continues to subsist, the relief for declaration would be a continuing right and there would be no limitation for such a suit. The principle is that the suit for a declaration for a right cannot be held to be barred so long as Right to Property subsist. Being a coparcener and legal heir of the said undivided ancestral property, you can file a civil suit for partition in the civil court to obtain your share in the said ancestral property. Hence, it is recommended to consult with an experienced property Lawyer for tailored advice and steps to understand your rights and remedies in the given situation to navigate the matter effectively.