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piyush (proprieter)     10 May 2015

Partition and separate possession

Hi my name is Usha. I am widow and have 1 sister(married) and 2 Brothers(married).

We have a parental house in my mother's name she died in 2004. Me and My sister have asked for our share of the property but my brother residing there are not interested in giving our share of property. My mother died without any will and as I have searched internet I am entitled to 1/4 share of the property. Me and my sister are in sync and wish to file the suit. I want to know what will be the time required to settle the case and is this the fastest way of action. Advice much appreciated Thank You

 4 Replies

bsrao   10 May 2015

Litigation is never fast. First issue a legal notice to your brothers to distribute the property as per the entitled shares. Try mediation before filing a suit. It would take time and they would also realize to settle with you. 

Dr J C Vashista (Lawyer)     12 May 2015

Discuss the matter with your brother, try and convience him through some relatives, friends or elderly persons of the society, explain consequency of litigation vis-a-vis end result.

Hope sense should prevail upon him and he shall agree to give your right, failing which you have the only alternative to contact, consult and engage a local lawyer for further advise, gudance and proceeding in a professional manner. 

basavaraj shiromani (Advocate)     12 May 2015

your mother died in the year 2004, prior to the amendment of HSA. You have not clearly mentioned about the property standing in the name of your mother was per property or ancestral one. So please read the Ruling Badrinarayan shankar bhandari and others V Omprakash shankar bhandari Kar.L.J.7 (FB) 2015 (2)

T. Kalaiselvan, Advocate (Advocate)     12 May 2015

You are entitled to a share out of your mother's intestate property.  For litigation details and the period only your lawyer will be able to tell you hence discuss with him/her the details. 

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