property share

Kumar (Querist) 22 August 2015 This query is : Resolved
Sir my metarnal grandfather did not made any will and out of my grand parents 8 children one has taken control on that property. Original share certificates are in our possession and all the 7-children (my maama and massi) are together and against him. U approached an attorney and he advised to go for claiming one share. He says if court gives an order in favour of our share than automatically everyone will get it. And that way we can save on court fees also. My other mama and massi are in USA and property is Andheri, Mumbai. Can you please advice if my attorney is correct or there needs a correction.

Regards
Aashish Khanna.

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Anirudh (Expert) 23 August 2015
Your Attorney is correct - he has also indicated why he is saying so. That is to reduce the amount of court fee. If you file a case for partition, you are required to pay court fee only for your share in the property. If all others also file, then everyone has to pay similar court fee. This can be avoided, if one person only files a case and others support him by being defendants in the case. Only one defendant will oppose you, while other defendants like mama and masi will support you.

Kumar (Querist) 23 August 2015
Thank-you so much sir

Kumar (Querist) 23 August 2015
Dear Anirudh Sir

My attorney sent the notice in USA by Airmail on 5th of August 2015 but yet it's not delivered, when I am asking about the notice status he says that he will check the tracking numbers... But he is not giving proper reply. What should I do to get the real status.