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mota (Others)     07 June 2012

Property share

My father and mother both of them expired. My mother has the property - site given by my grand mother who is still alive. but the property is in my mothers name & my brother is not allowing to sell the property. Please help i want to sell the propert y & get my share encashed. How do i go about it what is the process. Do i need to go to police station & file a complaint or how.

 2 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     07 June 2012

IF the property is in your mother's name and you are one of the legal heirs, then you can discuss with the other legal heirs and partition the property and get your share. However, if the other legal heirs are not agreeing for the partition due to some reason, you may take the legal approach and go to Court.

Please remember that legal proceedings take time, effort and money that you and others in your family can save if you resolve the differences yourselves.

You may file for compulsory partition. The Court will first determine the legal heirs and their shares, after which
it will appoint someone to carry out the partition.

S Jadhav


The property in your mother's name devolves equally on all her legal heirs in the absence of a will being written by her. You have an equal share in the property. Persuade the other heirs to partition the property, and if they don't agree to partition it, file a suit for partition to cull out your share.

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