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aishwarya (student)     19 May 2012

Property dispute

Hi,

My grandfather left his property to this children (my dad, 2 uncles, and an aunt) via a registered will in 1996. Two years before my dad passed away without leaving a will. The legal heirs of my dad are 4 of us (my dad's mother, my mom, my brother and me). My dad's siblings and my grandmother is not interested to give us our share of the property. They are saying that if my grandmother does not sign the papers, then we won't be able to sell this property even though we told that we are ready to give her the part of her share as property or as money. Is there any way that we can get our share from this property. I am also told that if my grandmother passes away, then her share of the property will be passed on to her children (my dad's siblings). What can i do to claim our part of the share? Any input would be highly appreciated.

Regards

Aishwarya



Learning

 13 Replies

d p sharma (n/a)     19 May 2012

i retired in may 2006 from govt. service. a relative of mine suggested to invest in property. he took me to a property dealer who was relative of his friend. in october 2006 i gave two cheques of rs 250000/  as booking amount for two flats in sector-78, faridabad  launched by triveny builders. till recently my this relative kept telling me that papers of booked flats are with him but he never showed those papers to me. now i learnt from some source that my this relative, his friend and his property dealer relative got booked those flats in my relative's name and not in my name. they all together cheated me. what can be the course of legal action to get back my money and punishment for them for cheating

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 May 2012

Dear Aishwarya,

 

As soon as your grandfather expired - the property came to be vested in your father to the tune of 1/4, which was his absolute/seperate property, on his demise his class I legal heirs i.e children/wife/mother get their equal shares. You cannot be ousted. File a suit for partition. 

 

Feel free to talk !

 

 

Regards,

 

Bharat

Advocate

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 May 2012

Dear Mr.Sharma,

 

You have two remedies :-

1. File an FIR against them for Cheating (420) and Criminal Breach of Trust (406), if the local PS refuses to co-operate - file an 156(3) wherein magistrate would order them to registr  an afir and investigation.

2. File a civil suit for recovery. 

 

Feel free to talk !

 

Bharat

Advocate

Ajay Shukla (Executive)     19 May 2012

Dear,
myself ajay shukla persueing LLB form Avadh Uni.

i have a query on behalf of my friend

Mr A is the father of B & C now A want;s to sale all properties, but B& c not want such.

please provide the ramidies to B & C.

Bharatkumar (ADVOCATE )     19 May 2012

If "A" is absolute owner ( Individual capacity ) of the properties so he can sale these properties other person, 

Ajay Shukla (Executive)     19 May 2012

is there are no any ramidie for B and C, is he want to file a case of fraud on other person...>???/

Ajit Singh Cheema (practising Advocate)     19 May 2012

On the basis of the will of your grandfather of the year1996,a partition suit by the legal heirs (your family) may be filed.After the death of your grand mother you will get,1/4th of the  share of your grand mother.

1 Like

aishwarya (student)     19 May 2012

Thank you so much for the prompt reply, Adv Bharat Chugh and Adv Ajit Singh. I have one more question about this. If we file a partition suit in court, would it take a long time for the court to do the needful. Many people have asked us not to go to court saying it will take at least 10-15 years for the court to reach a decision. My father's siblings does not have any problem if our property remains like that becasue they are the ones who are taking all the benefits from the property (there is rubber estate, cashew trees etc in the said property). Bearing the time line in mind, should i still approach the court for this?

Chetan Pardakhe (Advocate & Corporate Consultant)     20 May 2012

As of today the judgments become very faster than previous

Find a good lawyer and filed a partition Suit on the basis of Will Deed

I thinks so it will take maximum 2- to 3 yrs. if your advocate were prompt and honest

sri (ceo)     21 May 2012

my advise is that it is bound to take take long time...

sit down with lawyers from both side and agree for a compromise because both of them will discuss and argue in front of you merits... for ten sittings every hour...

at the end of the day sit down for alternatives and go for a solution next morning...

discuss legal provision in front of you and you can also confirm online search about the laws...

if there is no agreement ask for lock and key of property to be submitted to the court along with title deeds... this will bring sense to all...

vandana (Asst. Manager )     18 June 2012

 

The dispute is between two Hindu brothers regarding an ancestral property. They are both currently living in the property with their families. The plot on which the property is built is solely in the name of the elder brother. The house was built by their parents & younger son. Their father is no longer alive, however, their mother is and she is also living in this property with the younger brother.

 

The elder brother is now un-necessarly harrasing younger brother in a different way and demanding that the younger brother moves out of the ancestral house with his family.Their mother does not wish for the ancestral house to be sold. She wishes that the house be divided equally between both the children. The younger son  also wishes for this.

vandana (Asst. Manager )     19 June 2012

I need your urgent help.

vandana (Asst. Manager )     20 June 2012

 

The dispute is between two Hindu brothers regarding an ancestral property. They are both currently living in the property with their families. The plot on which the property is built is solely in the name of the elder brother. The house was built by their parents & younger son. Their father is no longer alive, however, their mother is and she is also living in this property with the younger brother.

 

The elder brother is now un-necessarly harrasing younger brother in a different way and demanding that the younger brother moves out of the ancestral house with his family.Their mother does not wish for the ancestral house to be sold. She wishes that the house be divided equally between both the children. The younger son  also wishes for this.


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