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Pratyush (BA)     01 November 2011

Proerty partition

hi,

My mother died one moth ago(Father  expired before). The WILL is  now registered in my name,but  i am not residing at disputed property.My elder brother has started living there n claiming his occupence.I would like to ask:

a) What would be the course of law if he continues to live in  there. Am i in loss on property if  I allow him  to live there.(As i m not residing and cannot go to that city)

b) how can I  disclaim his rights on property and evacuate it..

 

 

regards,

 



Learning

 4 Replies

sanjeev murthy desai (Advocate)     01 November 2011

He is your brother and tell him about will. If he is not interested your proposal then file a suit for possession,

Atul D Suryavanshi (Attorney - JC Law Firm)     01 November 2011

Hi,

You can execute the will and evict your brother. After execution of will and transfering property on your name, you can take help of Police to evict him else you can go to Appropriate Court for Declartion and Possession.

 

Let us know shour you required any help

 

Regards,

Atul Suryavanshi

  IPR-Attorney

  JC Law Firm

Mobile- 09923552956

Email: atul@justacausa.in

sanjeev murthy desai (Advocate)     01 November 2011

Will is already operted there is no need to execute. Please file a suit for possession.

Mann (None)     07 November 2011

HI I am Subir and I need guidence on the partion of my fathers property.We are 7 siblings.2 brothers and five sister, from which is dead.My father has 3 houses chawl system.All joint with one main door.My father gave the first house to my elder brother when he was 10 years old.The houses are on pagdi system.2nd house is on my mother's name and the 3rd house is on my father's name.My Father expired 7 years back and my mother passed away on 13 May 2010..From my 5 sisters,4 are married and settled from which one is dead.My elder brother and the youngest sister is unmarried.My mother was suffering from paralysis hence my brother Sujit and younger sister Savita suggested me to get married so that my wife can take care of my mother.I am not educated I used work at home and earn hardly anything.After my marriage everything was running fine until my wife become pregnant.My mother,brother and sister started cursing us saying that I dnt work and they have to feed my wife and my child and they started torturing us.We were forced to leave the house.And then we started living at my elder sister's house and pay rent to her.After my mother's death I asked my elder brother to give me the 3rd house which still belongs to my father.HOwever he is not willing to do that and says that oyu were not in touch with us for last 7 to 8 years so you are considered to be dead.As my parents has 3 houses my two elder sister the 1st and the 2nd one said to give the 2nd house to Savita who is the youngest and yet not married ,would be soon getting married in December this year and give the 3rd house to Me.These were my mother's wish.My Mother had lot of jewellery which savita has already occupied.My Brother Sujit and sister savita are not giving me the house and threatens.They say that they have lose relations with a CID and if he complains about me he will put me in jail.I have all the proof  that I used to live there,My Pan card my driving license.My brother has removed my name from the Ration card aswell.Please guide me.What can I do to get the house.It is my parents property.

Thanking You

Subir


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