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Abhi (Engineer)     21 November 2013

Property dispute - a residential separate flat

Dear Experts, 

I would like to have your expert advice on a real case study of a residential house dispute among siblings (i.e. my father and his 4 nos. sisters and grandmother).

It is around 20 years back, my father has filled the Avas Vikas allotment application with my Grand father's name. Subsequently after flat allocation, due to financial constraint with my grandfather, my father has deposited the entire amount to take the possession of flat. 

We are staying in the house since then, and still the house registry is pending due to one of the reason of case been filled by Father's sisters (Bua) asking for the equal proportion in the house including my grandmother. 

My father also has sold out a land to submit the money for possession in 1992. 

Now, the situations are like that it shall be resolved in the court itself. Despite of knowing the financial constraints of my grand father, the payment of the house has been made by my father. 

Now, since my grandfather didn't had any role except the allotment has happened in his name. How do you see this case? Can the court will see all these details or it will be divided in among all six (my father / grandmother and 4 nos. sisters)

All my father's sisters are married and well placed long time back. 

Best regards,

Abhi



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 2 Replies

adv.raghavan (Advocate,9444674980)     22 November 2013

given the situation the court may order equal share for all legal heirs, it is better to negotiate with the sisters and get their rights relinquished in your fathers name.

1 Like

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     22 November 2013

Well, if you think, your father can prove that, the funds have been paid by him, and then there is a possibility that the Court can decide the case in your favour.  However, in absence of this, since the property bears your grandfathers name, the court may order equal share for all legal heirs, it is better to go for mediation and settle the issue, instead of allowing the case to go on for years.

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