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Brinda (sdfs)     31 August 2010

Property Dispute

My grandmother passed away and the house has not been transferred yet on any of her children's name. Now the building in under construction and my uncle residing there for 53 years claims to be the owner and only share holder of the property. He says my mom doesn't get anything nor does any other sibling.

The house is still under my grandmother's name who is deceased, how the builder went ahead with the reconstruction process without getting NOC from the other family members.

How can I bring a stay order over property dispute on the said construction.

Also, how to fight out with my uncle for my mother's share ?

 

Thanks for helping me.
 



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 3 Replies

Brinda (sdfs)     31 August 2010

Is my mother eligible for the share ?

Jebaraj Jasper Jacob (Advocate)     01 September 2010

Ask your mother to file a suit for partition and seperate possession of the house hold property since as per the amended Hindu Succession Act, a female is entitled to get her share even in ancestral propery ie, coparcenary property.

suresh (Advocate)     01 September 2010

Dear Brinda,

your mother can file a suit for partition and separate possession in the house, in that case only she can ask for temporary injunction not to consturct in the premises, accoding to Hindu succession act a female is entitled to get hsare in the joint family proprety.


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