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MAYUR (ASSOCIATE)     02 February 2012

Ancestral property

Sir,

This is regarding a Ancestral property shared between 3 brothers, they entered into a written family settlement and

a case was filed in civil court for declaration , however now one brother wants to sell his share without settling the

case.

Moreover they have 4 sisters out of which one of is claiaming her share in the said property only  although as per

wills of father and mother no share has been allocated to them and she has filed a different suit against all the 3

brothers.

As per family settlement it was decided to get a declaration and  then get the mutation done in the Cantonment

however now they are not willing to pursue the case .

Pls let us know what one should do to protect his rights as he is residing in the said property. and all the areas are

still commonly shared between the brothers, and the other 2 brothers  are not presently residing in the said

property.

Rgds,

Mayur

 



Learning

 2 Replies

Kishor Mehta (CEO)     03 February 2012

Sir,

[1] If there is a Will, it has to be probated, and the division of the property is done strictly according to the terms of the Will.

[2] If the sisters are not party to the Family settlement, it is not binding on them.

Kishor Mehta

MAYUR (ASSOCIATE)     03 February 2012

Dear Mr. Mehta,

Thanx for your feedback.

Kindly  advise what needs to be done as the other 2 brothers are selling their share without getting declaration from

the civil court in the ongoing case,( i.e. we have have filled a family settlement for declaration from the civil  court.)

Rgds,

 

 


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