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Bikas Roy   17 October 2015

Selling of common ancestral house

Dear experts,

Kindly advise on the following queries.

Issue:

Father expired, no registered will is in place,I am living abroad,siblings are making illegal constructions and grabbing various potions of home ( mother is favouring the siblings ) and I am deprived of my shares.

- Can I file a petion suit from abroad?Or , I have to go physically in India?Any standard online form is available? Or the advocate has to draft for me? Tell me about the process in brief.

- What is advocate's fee generally?

- What is court fees? any part refundable?

- How can I appeal to court to issue an ad-interim injunction for stopping illegal constructions in our ancestral home and invalidate the illegal constructions which are already made?

-Instead of partition suit , how can I legally approach for the sale of the property and share it within the stake holder?

- How many appearances in the court are required from the advocate? how long does it take for the settlement of this kind of issue?

Regards,

 



Learning

 2 Replies

Dr J C Vashista (Advocate)     18 October 2015

File a suit for partition through a local prudent lawyer appoint an attorney.

T. Kalaiselvan, Advocate (Advocate)     22 October 2015

As advised by expert lawyer Dr.Vashista, you may file a partition suit seeking your share and separate possession through a general power of attorney agent to represent on your behalf in the court through a lawyer for the purpose even without you coming to India. 


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