Sir,
We are four children of our parents (3 brothers and one sister) who died without leaving any will for a flat in mumbai. Our father died in 1977, and mother in 1999,.my elder brother also died in 2001 leaving behind his wife and 2 minor children. My second brother who was unmarried at that time was living with my late mother in the said flat, since I and my last brother got married in 1989 and 2000, and we shifted out of the said flat.
In the year 2001 we all requested our/my 2nd brother who was staying in the said flat to give us our share in the said flat of our parent, but he refused. IN the year 2008 I sent him a Legal notice asking for our share. My late elder brother's wife then filed a Civil SUIT /case in the High court of Mumbai for the share in the said flat. She has made me also a defendent in the said case. but in my statement I have supported her stand since I am also eligible for 1/4 th SHARE in the said property. THe case was listed for FRAMING ISSUES till now, but in the last hearing it was changed to "RECORDING EVIDENCE".The suit is listed for hearing in March 2015.
Sir, what does this mean should I also take any legal action for getting my 1/4 th SHARE in the said property, or will I get my 1/4 th share in the undivided property automaticaly.
What is the LEGAL WAY for a speedy solution to get the case settled earliest, since we all are from One family. AND SINCE MY BROTHER IS VERY ADAMANT.
Sir, Would be grateful if you could advice me about further step to be taken by me to get my share in our parents property.
Thanks
Padma
