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File a case in court

(Querist) 24 February 2012 This query is : Resolved 
Respected Sir,

My name is padma.i am from A.p. i have one small family problem,so pls advice me.

My grandfather was expired 5years back.he having 2 son's.my dad was first son.my grandfather and my dad hardly worked and buy some site,that site was registered in my grandpa name.my small father in his childhood he began to studied,he din't work.my father din't studied and he worked hardly.now after expiring my grandpa.that site power came to my grandmother,she is favour to my small father.that site documents are with them only.my dad ask but she din't gave.

If my grandmother signed and my small father sold that site. we want to file the case in court.in which section we have to file a case in court.in which grounds we can win. pls advice me sir.
Raj Kumar Makkad (Expert) 24 February 2012
After the demise of your grandfather the property shall be inherited by equal shares by your grandma, your father and your uncle (which you say small father).

You father can file a civil suit for partition and possession even without having original or copies of title deed. Those documents can be obtained from the revenue office or even may be demanded from your uncle and grandma while litigation through court.
V R SHROFF (Expert) 24 February 2012
UR FATHER IS ENTITLED TO 1/3 PART OF PROPERTY.
Shonee Kapoor (Expert) 24 February 2012
1/3rd that is it.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh (Expert) 25 February 2012
As your grand father left three heirs,your grand mother,your father,and your uncle,hence each of them have 1/3rd share in the properties left behind by your grand father.

Even if your father contributed funds to your grand father in buying the property his share would not get enlarged for that reason as it was purchased in name of your grand father alone.

So for property documents are concerned,if they are required by you then visit the registration office, make an inspection of the registration and note the details of your deed and then apply for a copy there of.

Your grand mother can not give your father's 1/3rd share to your uncle.At best she can give her 1/3rd share to your uncle
which if does not give then the same would be shared equally 1/6th each by your father and uncle.

So you or your father need not worry about thinking of your grand mother and need not to file any suit right now because your grand mother can not legally give more than her 1/3rd share to your uncle.Hence it is better to maintain a cordial relationship with her,may be she changes her mind in last moments of her life.

The partition suit should be the problem of your uncle and not that of your's father.

Hence I advise you to simply inspect the record of registration and take the copy of sale deed to fix that it was only in your grand's father name or not.Legal course should be thought of only if the property is found to be in the name of your grand mother and NOT in the name of your grand father.I think your father might be personally knowing this much of the fact as I expect he might have been with his father on registration date of sale deed.


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