Frequently Asked Legal Questions and Answers › Category: Family Issues › What is the procedure to get my property share from my brother after my parent’s Demise?

Mrs Kanthara asked 11 months ago

I am a Canadian citizen and OCI Holder. My father and mother expired recently. My brother is refusing to reveal property details and give my share. What type of case can in file against my brother in Chennai? What is the procedure and required documents?

Canadian Citizen and OCI Holder: Seeking Legal Action in Chennai for Property Dispute with Brother - Procedure and Documentation Explained

What is the procedure to get my property share from my brother after my parent's Demise?

Response to get the property share:

In response to your query, you can file a case against your brother for \"Partition and Declaration\" to assert your rights and seek a division of the property. Allow me to provide you with an overview of the procedure and the required documents for filing such a case.

Engage a lawyer:

To initiate the case, it is advisable to engage the services of an experienced lawyer in Chennai who specializes in property and civil litigation. They will guide you through the entire process and ensure that your rights are protected.

Jurisdiction determination:

Determine the appropriate court in which to file the case. Generally, the case should be filed in the court where the property is located. In this case, since the property is in Chennai, you should file the case in the appropriate civil court in Chennai.

Drafting the plaint:

Your lawyer will prepare the necessary legal document called the plaint. The plaint outlines the details of your claim, including the property involved, your share, and your request for a declaration of your rights and partition. It is crucial to provide accurate information and supporting documents to strengthen your case.

Supporting documents:

Gather and provide your lawyer with relevant supporting documents such as:
Proof of your Canadian citizenship and OCI status.
Death certificates of your parents.
Any documents establishing your entitlement to the property, such as a will, if one exists.
Any documents showing your brother\'s refusal to disclose property details or provide your share.
Property documents like sale deeds, title deeds, survey records, etc., to establish ownership and value.

Filing the case:

Once the plaint and supporting documents are prepared, your lawyer will file the case in the appropriate court. Pay the necessary court fees and submit the required number of copies of the plaint and supporting documents.

Court proceedings:

After filing the case, the court will issue summons to your brother, notifying him of the lawsuit and the need to appear in court. Subsequently, the court will schedule hearings where both parties present their arguments, provide evidence, and establish their claims.

Evaluation and division:

During the proceedings, the court may appoint a commissioner to evaluate the property and provide a report on its value. Based on the evidence and arguments presented, the court will determine the division of the property and issue a decree specifying each party's share.

Enforcement of the court's decision:

Once the court issues the decree for partition and declaration, it is legally binding. Your lawyer will assist you in enforcing the court\'s decision and ensuring that you receive your rightful share of the property as determined by the court.Please note that the specifics of your case may require additional steps or considerations, and it is advisable to consult with a lawyer in Chennai who can provide personalized advice based on the facts and circumstances surrounding your situation.I hope this information clarifies the type of case you can file, the procedure involved, and the required documents. Seeking legal guidance and representation will significantly enhance your chances of a favorable outcome. Wishing you the best of luck in your pursuit of justice.