Family property issue

virender (Querist) 21 August 2014 This query is : Resolved
my grand father expired 3 year back. he has A house is his name. He has 5 son & 1 daughter. as per law property shall be divdied in 6 parts.

Property is occupied by one son who was last residing with grand father.
May be he has any will or not (not clear)for the said property. But till today date proprty is on my grand father name.

1. How i(my father) can claim for his part.
2. how it will be clear that any will was prepared by my grand father or not. If it is, then why my uncle not get registered property to his name after 3 year.
3. is there any validity for will. So that it can be executed after his death.

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ROHIT SHARMA (Expert) 21 August 2014
Dear Mr. Virender,

1. Get a succession certificate from the court, then file a civil suit for partition and possession of shares.

2. If the Will exist any legal heir who professes that he has such a Will will be compelled to reveal such fact and then you can contest the legality of such Will.

Rajendra K Goyal (Expert) 21 August 2014
File partition suit in the court.

Advocate Bhartesh goyal (Expert) 21 August 2014
Ask your father to send a notice to your uncle and other heirs of your grand father and demand therein his share in the questioned property,if notice not complied with then file suit for partition and injunction in court.

virender (Querist) 22 August 2014
Thanks for your valuable comments. I want to know that can my uncle can get register the home to his name without telling his brothers. (In case when will is not done by my grandfather)

ADV-JEEVAN PATIL, MUMBAI (Expert) 22 August 2014
File partition suit for ur fathers equal right. on receipt of court summon, he will unfold will if he really has.