Question Details

Share in Maternal property in Kolkata West Bengal

Hi Experts ,

I need your guidance here related to our Maternal property in Beleghata , Kolkata Pin 700010

My mother Mrs. Rama Nath ( who expired on 03-Jul-2014) inherited her share of her father property leaving behind two sons)

We are two brothers (our father also expired on 13-May-2022). 

We have a cousin Brother (Son of my mother own sister) and one cousin sister (Daughter of one of my maternal uncle who was my mother's own brother) (their parents also expired) 

We have been verbally promised by my Maternal Aunt (unmarried) that we will get our share of the Maternal property and we have signed the agreement copy made with promoter.

We have below stakeholders to the property

1) My elder Maternal uncle (Living)

2) My younger Maternal uncle (Living)

3) My youngest Maternal Aunt (unmarried) (Living) (she is doing all these property deals , now we can not trace her whereabouts)

4) My mother (Expired) we are two brothers (her sons)

5) My elder cousin sister (only daughter of my middle maternal uncle expired)

6) My cousin brother( Only son of my younger maternal Aunt expired)


Issue which needs resolution

1) We are not given the copy of the Notarized signed agreement made with the promoter where all the interested stake holders has signed. 

2) My Maternal Aunt (unmarried) has stopped responding to our calls and we could not trace her whereabouts. 


I have these questions 

1) How Can we prove our inheritance for my mother's share of her father property legally ? This is important as we do not have any paper with us which proves our right to the property.

2) How we can legally force My Maternal Aunt (unmarried) (we do not have her address as well) to disclose what are how much is our share of the entire property , I have heard from my late father that they have total 3 houses which is to be shared among all the all the interested stake holders (but all these are verbal)

3) We do not have any access to any legal documents of the property nor we have any information. How can we know what will be our exact share.  

4) How to trace My Maternal Aunt (unmarried) who is not responding to our calls and do not share her current residence address.

5) What legal option is open to me to solve this issue 

Please guide here

Thanks 
Dhrubajyoti Nath
 
RASHMIRAJVARDHAN
Advocate in with 12 Year Exp

Hii... Under the Hindu Succession Act, 1956, you are entitled to claim your mother’s share in her father’s property. To establish your right, first, obtain your grandfather’s and mother’s death certificates and apply for a legal heir certificate. This will establish your claim as your mother's legal heir. Since you lack property documents, search public records at the Sub-Registrar’s office or file an RTI for property-related information. You can file a partition suit in a civil court to claim your share, compelling your maternal aunt to disclose property details. If her whereabouts are unknown, report her as missing to the police, publish a public notice, or engage a private investigator. The court can also issue summons via public notice if necessary. Through the partition suit, the court can direct stakeholders to disclose property details and divide the property equally among all heirs, ensuring you receive your mother’s rightful share. Consult a local property lawyer for guidance.

04/12/2024 11:13 am