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Appeal - preliminary decree - chance

hi,

we are 4 brothers. 2 expired. me and my other brother are staying in our ancestral property in delhi.father expired in mid 80s and mother expired 7 yrs back. we were staying in the ancestral house for the last 20 years paying property tax/eb etc .the mututaion and eb records still shows my father's name. i have been taking care of the property for the last 20 years ,with renvating and maintenance, while the other 2 brothres settled abroad. the legal heir of one of my brother had filed for a partitin suit and won the case to split the property to 1/4 of the share.

what are my chances to successfully get a appeal admitted in this case. do i need to get a stay along with appeal if i had to stop execution of partition? can i continue my possessino while appeal is pendingp

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G.L.N. Prasad (Retired employee.) 26 April 2018

Fight for a just cause and do not waste money, when there is no substance in the suit. The property earned by your father, after his intestate death must belong equally to all his children and wife. There is no confusion. Yes. The general thinking in the minds of common men is that NRI brothers are earning and never taken care of parents, and a share need not be given. NRI brothers think that the local brother is enjoying the property, but they can not make sacrifice the property as their children must remember roots. But the law is having no such sentiments and the property should be divided equally to all Class 1 legal heirs in case of intestate death.