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Property case

(Querist) 29 July 2014 This query is : Resolved 
Sir I am female 42 yrs old. Staying in chennai. We have a home. Thats my father proprty its come around slum borad clearence. My father expierd on 1995. Now my mother(70) yrs my brother (52) yrs and me. We are the legalheir. Both we alive. We dont have sale deal for the proprty. I am also doing business in the home I took one potion. And my mom doing (business) and staying the sane house. My father also staying in the samr home. But I have a own house I am staying with my family in my home. In my father home I am just doing the business for last 10 yrs.


My question is
1.I asked 50% share in my father property
2. For that we sent ( my mom and my self)
Lawyer notice to my brother. In that we mentioned. 50% share is mine I took that. You have accept this. (Like that I send)
3. But my brother is not accept

4.in this situtation.wat I want to do
5.if I file case against my father property.how many years it will take to finish.( my mom is full support for me.she is against for my brother.)
6. Pls guide.



R.K Nanda (Expert) 29 July 2014
u can file partition suit in civil court to get ur share in said property but such cases take 4/5 years to decide.
Rajendra K Goyal (Expert) 29 July 2014
You can file suit for your share in the property. The case may take 4-7 years and even more.
ajay sethi (Expert) 29 July 2014
you can file suit for partition but it will take some years to be disposed of .
SHALINI (Querist) 29 July 2014
Sir one more thing. My father expired on 1995 before that 1990 I got married. Arranged marriage my parents done the marriage. That time 1989 my mom buy one land from her own brother.for buy that land my father gave a money. After that my mom given to me. I build a home in this property and now I am staying.

My question is
1. In above mentioned property am I want to give any share to my brother.


2.if any possible there to mybrother to file case above mentioned.
Property

3. Because after got a land from my mother. I get signature from my mom. And I wrote I got this land from my mom. For that I paid some money. To my mother Like that I mentioned in document.

Thats it for buy this is property I gave a money and igot it from my mother

4.now my family card and eb card everything in my husband name only.

5.in this situtation. Any rights there to my brother to file case against the property.

6. What is the procedure to file case

And what are the documents want to submit
To file case and any amount want to pay to court. Iam stying in chennai. Tamilnadu

pls tel me.
Rajendra K Goyal (Expert) 29 July 2014
Whether your mother gave the property through registered deed and presently the property is in your name? If yes it is your property and you are owner of it. Your brother has no claim on it.

Otherwise, if your mother is alive, she can will this property in your name or make a registered gift deed.
SHALINI (Querist) 29 July 2014
Sir I want put case in my father home. pls guide me.iam in hindu family 42yrs staying in chennai legalheir my self and my mom and one brother both are alive.

2.I send lawyer notice to my brother(my mom and me) for parition. He is not accept. I want put parition case against the proprty

3. Pls guide me. Pls telme what are the document I want to submit to court

4. How many years will take for judgement.

5. If I put parition case against the property every body want to vaccate from the home. Or they will stay up to geting judegement(my brother family staying here)

6. Am I wantto pay money to court to put case above mentioned property.


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