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raj (none)     12 March 2013

Partition

My father has 3 sons and we had an ansistral property in 2 places in UP. One property is gven to my second brother by my father completely  and one half of the property we are staying is given by my father to my elder brother who is abroad for long. I am staying in the ansistral home in the other half. My father did not have made any will and died. Right now my both brothers have ancestral propery of my father, but I dont have any in my name. My brothers are not willing to give the property in my name.

Can I claim the property I am staying as mine? and can somehow I can get my share in my name ?

Regards,

 

Raj Kundra



Learning

 2 Replies

Advocate Vishnu (Advocate)     12 March 2013

Raj,

you have 1/3rd right in both the properties of your late father. Pl file a partition suit to claim your rightful share and you will definitely succeed.

K. GOPALAKRISHNAN (ADVOCATE)     18 March 2013

Dear Raj Kundra,

First of all, verify that you father had executed any settlement deeds in favour of the brothers with respect to the properties as mentioned by you.  In the absence of such settlement deeds, you are entitled for 1/3rd share of all the properties of your father.  Regarding the share in which you are dwelling presently, you are entitled only for 1/3rd share and brothers will get 1/3rd share each as being common property now.  As said, to claim your share, you may file a partition suit before a civil court and you may narrate entire facts in the plaint to substantiate your claim.

Regards,

K.Gopalakrishnan

Advocate,

9840199577


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