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ilyaz   12 May 2021

Property(home) registered in the name of 3 brothers out of 4

Hi,

My Grand father has 4 sons. He passed away long back. Recently, 3 of my father's brothers have registered the house in their name by convincing my grandmother without informing my father. We got to know about this when we have checked on online gov property portal. what legal steps can we take here to claim my fathers part of the property? and my grandmother passed away last month, will this be an issue?



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 6 Replies

Advocate Bhartesh goyal (advocate)     12 May 2021

If your grandfather died intestated then his four sons and wife have equal share and rights over the property .Your grandmother is also no more .So your father and his three brothers have equal rights and share in property left by your grandfather.your father need to file partition suit against your uncles and seek his share in property.

1 Like

ilyaz   12 May 2021

Thank you for the reply sir,

 

Yes, My grand father did not made any legal will. But my uncles somehow got registered the house on their name. 

Is there any way that we can stop them from selling the property immediately, because the process for filing partition suit and getting a response from court might take some time and I guess they will sell it with in a month or two (because the house is in their name now). So is there a way to stop the further registration of the property immediately like immediate injunction order?

 

Advocate Bhartesh goyal (advocate)     12 May 2021

File immediately partition suit along with temporary injunction petition before civil court and get restrained by injunction to your uncles not to sell the property till the decision of partition suit.

 

 

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Sankaranarayanan (Advocate)     13 May 2021

First ascertain the facts. Got Grandfather death certificate?  
 Got  legalheirship certificate?
Now the status of  possession of the property ? How the registration happened without your father? what is the dispute between your father and uncles. State the facts clearly .

P. Venu (Advocate)     13 May 2021

Yes, your father can file partition suit and seek interim injunction. 

T. Kalaiselvan, Advocate (Advocate)     13 May 2021

If your grandfather is reported to have died intestate then the properties left behind by him shall devolve equally among all his legal heirs/successors in interest. 

Your father being one of the legal heirs is entitled to one fifth share in the property, similar to that of your grandmother. 

Therefore your  deceased grandmother had no rights to give permission to her three sons to  transfer the entire property unto themselves. 

She could have given only her share in the property to her three sons by executing a registered release deed, even then her share  shall devolve on all other legal heirs  and not only on those three  brothers. 

Therefore this could have happened by playing fraud on your father to deprive his rights in the property.

Even now he can file a suit for partition  seeking partition of property by metes and bounds and  for separate possession of his legitimate share in the property.

You consult a local lawyer and arrange to file a suit for partition immediately with an application seeking temporary injunction restraining them from alienating or encumbering the proeprty in any manner till the disposal of the main suit. 

 

 


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