property dispute
priyanka sawant
(Querist) 29 September 2016
This query is : Resolved
Hello , Am Ar Priyanka Sawant from mumbai , facing property dispute matter in my own family wherein my grandparents died and
priyanka sawant
(Querist) 30 September 2016
Hello ,am ar priyanka sawant from mumbai facing property dispute matter in my own family against my uncles . My grandparents died years ago widout leaving any will mentioned for the property and the gold items which my uncle denieed to pay the share to my father and his sister .They r 4 brothers and one sister out of which 2 of the brothers planning to eat up d share of the property and gold items widout dividing the share wid oder remaining brothers and their sister . Please suggest what neccessary actions nids to be taken in accordance to the law
priyanka sawant
(Querist) 30 September 2016
Hello ,am ar priyanka sawant from mumbai facing property dispute matter in my own family against my uncles . My grandparents died years ago widout leaving any will mentioned for the property and the gold items which my uncle denieed to pay the share to my father and his sister .They r 4 brothers and one sister out of which 2 of the brothers planning to eat up d share of the property and gold items widout dividing the share wid oder remaining brothers and their sister . Please suggest what neccessary actions nids to be taken in accordance to the law
P. Venu
(Expert) 30 September 2016
Your father can file a suit for partition. It needs to be ensured that the complete list of movable and immovable properties are described in the schedule to the plaint.
priyanka sawant
(Querist) 30 September 2016
Agreed sir but two of the total 4 brothers have taken d gold items n refrain from showing it off in d division . Also a notary was made to transfer the electricity and water supply bill names towards one og the brothers widout taking consent from one of the four brothers . Does such notary stand true if even one of the oder 4 of them dont sign the notary n all dis happen wifout informing him . Does he has to rite to fight for this injustice . Can v claim for the gold items wich is taken by two brothers which was to b divided equally amongst all the siblings . Please suggest
Raj Kumar Makkad
(Expert) 30 September 2016
Notarised affidavit is not necessary i the given matter. As already advised, your father needs to file a civil suit impleading all his brothers and sister seeking partition and possession of property in equal shares mentioning therein all known movable and immovable properties.
rajeev sharma
(Expert) 30 September 2016
getting the electricity connection or the water connection transferred in their name does not make your uncle owner of the property. Your father is owner of 1/5 share of the property . He may file partition suit and if the property is such that it may not be divided then court may auction the property and may divide the sale proceed among all co sharers
Rajendra K Goyal
(Expert) 30 September 2016
Agree with the advice from expert rajeev sharma.
Shashikant V. Patil
(Expert) 30 September 2016
After the death of your grandfather, all his sons and daughters are legal heirs as per Hindu Succession Act 1956 and their names will be entered in the record of rights of all immovable properties. On this basis, your father and another brother should file a civil suit for partition of all immovable and movable properties equally among all legal heirs.
Raj Kumar Makkad
(Expert) 30 September 2016
Filing suit for partition and possession is the sole remedy in the given case.
Ms.Usha Kapoor
(Expert) 01 October 2016
File a suit for partition and separate possession. If property is not divisible put it to auction and apply sale proceeds for satisfying the shares of each sibling.
Kumar Doab
(Expert) 01 October 2016
Expert Mr. P. Venu, Mr. Rajeev Sharma have illustrated and Mr. Goyal has rightly supported.
Your own able counsel can help you further.
Don't hesitate and provide full details to your able counsel.
Rajendra K Goyal
(Expert) 01 October 2016
Court has to be approached with partition case, if no amicable settlement possible.
Raj Kumar Makkad
(Expert) 01 October 2016
Unless you post the opinion of your own lawyer, nothing can be commented further by either of the experts so appoint him at the earliest and seek his opinion.
priyanka sawant
(Querist) 02 October 2016
Thnking u all experts for ur valuable advice . One more question to be asked ... the property wer d old house of my grandparents was does one of my uncle has the right to renovate it n raise a floor above it and claim the floor as his as he has spent money in building it . NO brothers or d sister has given a written approval to build or renovate the house . Please advice whether the renovation and raising the floor can be termed as illegal . Also the elder brother is not involved by them as they dnt want him to give the share . Can he file a case against all dis matter happening widout his consent
P. Venu
(Expert) 02 October 2016
All these aspects would be taken care in the final decree if a partition suit is filed.
Kumar Doab
(Expert) 02 October 2016
If the floor is added without due approvals from authority under whose jurisdiction property falls, it is illegal and may face risk of demolition, penalty or may be subjected to compounding.
However your core issue has been discussed.
Opt for amicable registered family agreement, with open mind, if possible.
Time and resources (funds) required for it would be almost negligible.
Otherwise all issues may be taken care of, in suit for partition.
Rajendra K Goyal
(Expert) 02 October 2016
Agree with the advice of expert Kumar Doab.
