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Sucheta Soni   20 June 2018

grandfather's property to grandchildren

my grand father has expired without doing any will of the property. he had two houses n four son. so all sons were living in those houses but without partition. after some time my father also expired n we told to uncles for partition. but they were not ready.
here we are four person alive in my family- myself, my mother , n two younger brothers. I m married n living with my husband. my both the brothers had left the house after my father's death n got married n started living separately.
problem is that my mother is living alone in that house. n now my both the brothers are asking for their part of the property n threatening my mother. my all uncles are also bothering my mother in place of help her. my mother is so disappointed n worried that my uncles n brothers can take this property n thow her out.
plz suggest all the possibilities.

 2 Replies

R.Ramachandran (Advocate)     20 June 2018

If your grand father has not left any WILL, and had not gifted the property to anybody (to your father's brother etc.), then first the property left behind by your grandfather has to be equally divided between your father and his brother.

The portion that will be falling to the share of your father has to be divided equally between your mother, you and your two brothers.

Therefore, at any event, the question of your mother being thrown out cannot happen.  Even if it happens then she can approach the court and get her right/property.

Now, you can file a case for partition of the property and ensure that all of you (i.e. you, your mother and your two brothers) get your share of the property from your uncle.

It is not necessary that all of you have to file the case. It is enough, even if any one of you filed the case asking for partition of the property.

1 Like

Avijit Dikshit   21 June 2018

Your mother can herself file for partition as she is entitled to 1/4 share of the two houses. in case you need to legal assistance you may contact me on 9650481199

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