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K.CHANDRASEKAR (CONSULTENT)     23 May 2013

Father's property without will

 

Respected lawyers,

                       My father has left no will. My Mother is 83. I am 65. We are six children to our parents. Because of getting old as per the Lawyers guidance, we the 5 children agreed for a family settlement deed of our father’s flat property to share equally after our mother,s period and tried our maximum  level best to convenes our mother & a widow  sister (single living), in the presence of family friend as well as a lawyer.

              But that sister is very adamant for not to sign in the agreement & also keeping the Original flat doc., in her custody. This matter is dragging for the past 2 years. The flat is in Chennai & its present market value is RS. 80 lakes.

             I am afraid because of a B/P patient & hospitalized once for a mild attack & now under medicine, my only  daughter after my life may not take up the legal battle with my family for my 1/7th share. Hence I want to get the settlement deed to be signed by all seven now itself or  the partition order through court.

            Even then after me & my mother’s period the trouble making widow sister forcibly taking passion of the flat by having our mother’s share in her favor & refusing to settle other 5 legal hires,because of having rights to live in her 2/7th share & preventing other 5 legal hires to get their money through sale of the flat to any 3rd. party .

            Under such circumstances how the court of law will help the majority of the legal hires to get their father’s property monitory benefit through sale. I can give guidance to my other brothers & sister for jointly  take legal steps along with my wife / daughter as per your  proposed valuable  guidance.

             Expecting your valuable guidance for the best efficient way to get our father’s property Five shares monitory benefit, by overcoming the expected exploitation mentality of our single living widow sister.

                                                                                    With kind regards

                                                                                    K.Chandrasekar.

                                                                   

 

 

 

 

 

 

 

                                                                                                                                              

 

 

 

 

 

 

 

 

 



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 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 May 2013

If one of the heir is admant and non-cooperative then, you can file a suit for partition in the civil court and get the partition done thru the court. Court will do equal partition amongst all the heirs.

Hemang (Advocate)     24 May 2013

My Learned Sister has rightly advised. File a suit for partition. Also show "malafide intention" on the part of your sister before the Court. This could be proved by showing a family arrangement, which is not signed by your sister, but signed by all other members of the family.


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