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Lord (Consultant)     29 August 2014

How to get equivalent monetary share of property

What is the best way or actual process , if any, to demand equivalent 1/3rd share 9 or 2/3rd based on gift deed) of intestate property of deceased father, in cash?

Property not partitioned legally.

3 legal heirs: mother, brother, myself(daughter)

Brother extremely manipulative, torturous, abusive, cruel and a pathological lier.

Thanks for kind help/guidance.



 5 Replies

adv.raghavan (Advocate,9444674980)     29 August 2014

Not able to make out exact meaning of the query , what u intend, but if the property is intestate, all the three do have equal share in the property,  you can go for partition suit, if u do  not prefer the same you or your brother can relinquish his  or your rights over the property and can get or paid market value of the property

Lord (Consultant)     29 August 2014

Thanks Adv Raghavan - thanks much for bringing out the question properly

That's exactly what i need to know - 

How to relinquish my rights over the property and how can get or paid market value of the property?

1. can you kindly enumerate the process , what steps, what type of case needs to be filed etc etc as brother and his wife is too abusive and torturous and i doubt even after partiton (IF), i can stay under the same roof respectfully or peacefully!!! Who has to pay me the market value of the share of my property?If it is brother and if he refuses to pay on grounds of incapability or something, can this process stop right there and i fail or will the court compel him to pay me if i make such a prayer??

2. what are the pre-requisites (IF ANY) for question #1

Appreciate your kind help and guidance here so i can think about it and plan accordingly 

adv.raghavan (Advocate,9444674980)     30 August 2014

Option 1: If you are not comfortable with the situation, u can opt for a partition suit based on the property documents, then they will fall in line automatically.

Option:2 If you want to relinquish your rights over the, express the same during hearing in the court.

Option3: If your brother is interested to relinquish his rights over the properties, he can do the same in court or out of court,but the present situation is totally different, as we cannot expect the same.

so in the present situation, to bring tempers down ,partition suit will be the best option, as court will take a final call on the disbursal of the properties.

T. Kalaiselvan, Advocate (Advocate)     01 September 2014

Ms. Riya Ray, there is no end to your queries, that too you are posting the same query in a different manner everyday, I think you do not have any work hence disturbing the experts by repeating your query atleast 5 times a day.

Lord (Consultant)     02 September 2014

Thanks Adv Raghavan.

Respected Advocate Kalaisevan, I am sorry i have no intention to "disturb" anyone..I am trying to gage all possible options so that when i visit them this year I am not bombarded by their cunning minds and waste my valuable day-offs from work to make a suitable judgment, as situation is much larger than the breadbox and much worse than I am able to express.

I hope you all will kindly understand..


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