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Mohamed   22 December 2015

Brothers & sisters claiming share in property

My grandfather had done sale mortage of residential property in 1951-52 and the ecumbrance was transferred in the name of the person X at that same time.

In 1969 after the death of the grandfather Person X approached my father to get the same released within 15 days or it will be sold to someone else to recover the amount

my father approached his brothers & including his sisters's husband who refused and did not show any interest in releasing the sale mortage however my father repaid this money after taking loan from his father-in-law and his friends and the ecumbrance was registered in my father's name in 1969.

Though all the brothers of my father were living in this same house until 1991 and moved out on their own (voluntarily) as their families grew and now in 2004 all the brothers & sisters have filed partition suit claiming their share in the father's property and still this case is in progress.

I need your kind assistance from the Learned Fraternity of this forum.

(the said property is not an ancestoral property it was purchased by my grandfather)



Learning

 2 Replies

GANDHI MOHAN BHARATI (Pensioner)     23 December 2015

If your grandfather has not left a will and diesd intestate, your father' brothers can claim share even if the propety was a self earned one of your grandfather. Your father may claim equal share of the loan that he paid from the other claimants in the court by providing proof of the mortgage and he alone settling it to save the property.

T. Kalaiselvan, Advocate (Advocate)     01 January 2016

This is intestate property left behind by your grandfather.  No doubt the mortgage amount was paid by your father and the property was redeemed by him, he cannot claim the entire property for himself just because he redeemed the property. 

He can claim the redemption amount along with the normal rate of interest till this date for that from the siblings who are fighting the partition suit. 

The documentary evidences in his possession should be able to help him to fight out the case in the court. 

This is a circumstantial case so it should be challenged on the basis of merits in your side.


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