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angel (Engineer)     27 June 2011

Property inheritance issue

Hi,

I am writing to get some advice on how to get the property matter with my family resolved.

My Maternal Grand father has a property plot in mumbai. So my grandfather had 6 children in the order below:

Daughter1= Alive (widow and no kids)

Daughter2= Died in 1985 , has one Son Alive and married)

Son1= Alive (has 2 sons Alive and married)

Daughter3= Died ( has 1 son and 1 duaghter, both alive and married)

Son2= Died in 1977 ( wife is alive, Has one daughter and is married)

Daughter 4 = my mother= alive (1 daughter Alive and married i.e. ME)

Now, my grandfather gave my mother the house she stays in right now as a gift as she dint have a happy marriage and my mother took care of her parents. This house is on first floor of the property plot .

There are 3 shops under property plot .

shop#1 was sold and money was used by my grandfather to pay off debt.

Shop#2 was sold and distributed amongst Daughter1, Son1 and Daughter3.

Shop#3 was sold by my mother and there was an agreement by Son1 and Daughter1 that the money of Shop#3 be distributed between Daughter 4, Daughter 2 and Son 2 . We have a notarized paper where they have signed. however now they claim that they were forced to sign those papers which is not true. there is no legal action taken yet watsoever by either side, but now as i want to take a step ahead and help my mother resolve this issue so that she can live a peaceful life from here on.

Now my uncle i.e. Son1 is asking that the entire money of Shop#3 should be given to him. he is the only hier of my grand father and that no one else should get any share. My aunt Daughter1 is completely on his side nw . Infact she has hanaded over her own property elsewhere to her brother i.e. son1. for some reason now both of them are against my mother.

Now when the entire property is getting sold for good,except the house that my mother stays ( as that house was give to her by her father so no one has a right in that) .  Now when we sell the entire property the 3 shops below and some other residential homes in the lot, we would want to have 6 equal shares for all daughters and sons of my grandfather.

now my uncle Son1 keeps saying : my mother daughter 4 should not get any share because she go tthe 1st floor house as gift from their father so she shoudl not get anything more. infact my uncle says that the money of shop#3 should all go to him because my mother has got the house on 1st floor as her share (whichi s not true, it was a gift from ehr father because she was not having a happy life) and the rest of the 2 ppl are dead so their children need not get nay share.

So this makes him the sole owner of everything.

Is this correct.? how can we get our rightful share?

please advice.



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