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deb_raj_2000@yahoo.com (ACADEMICIAN)     20 October 2013

Illogical claim of share in a joint property

Dear Sir,

My maternal grandfather died without leaving a will for the immovable property in the form of 2.5 storied building on a plot of 3 katha in South Kolkata. My maternal grandmother too expired on July, 2013. 

My mother is the eldest, having 2 younger brothers. 

During my grandmother's lifetime, after the death of my grandfather, she tried to dispose off the property and distribute the sale proceeds equally among her children but she failed in her attempt because my younger maternal uncle wanted to have a grater share of sale proceeds. 

This maternal uncle left the family house 15 years ago and did not turn up for a single day back to the house, even on the occasion of  critical hospitalization of my grandfather and grandmother and did not even attend the funeral and shraddh ceremony of both of his parents.

He did not contribute a single paisa for my aged and ailing maternal grandparents. 

Now after the death of my maternal grandmother, my mother and her immediate younger brother are taking steps to dispose off the property but their all attempts have failed due to non-cooperation and illogical demand of a more percentage of share of sale proceeds by the above referred younger brother (2nd). Moreover, he hasn't taken any initiative to sale this property.

We solicit your kind advice. 

Thanks in advance.



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 5 Replies

deb_raj_2000@yahoo.com (ACADEMICIAN)     21 October 2013

Gm,

Kindly assist me with your valuable advice as the matter is of utmost urgent. 

Thanks in advance.

STUDENT.... (.......)     22 October 2013

Ask your (1st) Uncle and your mother to File a partition suit in the court for the said property.

K.K.Ganguly (Advocate)     23 October 2013

1. All the siblings have equal share on the said property,

 

2. Not returning even once in 15 years, not contributing a single paisa or not attending the Shradh ceremony does not bar your youngest uncle from claiming his legitimate share on the said property,

 

3. He can not claim more than 1/3rd share of the said property,

 

4. Negotiate with him to settle the matter amicably & in case the matter is not settled, your mother should file a partition suit to claim her share.

deb_raj_2000@yahoo.com (ACADEMICIAN)     24 October 2013

Dear All,

 

Thank you all for the advice. Can you please tell me if there is any other legal alternative apart from partition suit ?

Is there any stipulated time frame within which a partition suit can be resolved ? I have heard that it is a very lengthy process to get a resolution through a partition suit especially in India.

Thanks in advance

K.K.Ganguly (Advocate)     24 October 2013

1. If there are multiple claimants each claiming more share than what they are entitled to & if they can not settle the dispute amongst themdelve  amicably, then the only way to get relief is to seek Court's intervention to make partition of the property and specific possession of everybody's share,

 

2. It will take time but it has to start some day when there is no other alternative.


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