Yogesh Khetrapal (Accounts Executive) 19 October 2013

required expert advice urgently

My mother are 3 sisters. Her parents and elder sister are no more. Elder sister has 3 major chiildrens. A property belongs to her father is being used by her younger sister from last 35 years aprox. We don't have any paper related to the said property. I need the expert advice to know how we can legally have/claim share in that. Can we go for the stay on sale/construction? If yes, what proves would be required to get a stay? Pls advice urgently With Thanks & Regards,

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T. Kalaiselvan, Advocate (Advocate) 19 October 2013

As her father's legal heir, your mother has a right over her legitimate share in the property left behind by her father who died intestate. She can seek partition and separate possession of her share through a court of law by filing a partition suit and can also seek an injunction restraining the defendants from alienating/putting up constructions/encumbering the suit property till the disposal of the suit.