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subramanian (consultant)     13 September 2012

Share in property

My father died interestate leaving a flat in mumbai.we are two sisters and one brother.we are interested in selling the flat and taking our share but our brother is not interested in selling the flat and not prepared to give any share to the sisters.This is pending for last ten years .The flat is locked by him and he is paying monthly maintainance charges.He is staying outside India. what is the remedy for the sisters. can the expert sugesst a quick remedy.

lakshmi



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 September 2012

Seeking a partition or joint possession is your remedy. These terms are self explanatory. On your father's demise the property came to be vested in all of you to the tune of 1/3 each. you can get your share culled out any time by filing a suit for partition.

 

Adv. Bharat Chugh

sonu sikri (personnel assistant)     13 September 2012

I want to satisfy my queries from u

My husband had  purchased a house in the name of my mother in law by selling a property which my mther in law had received from her late husband or perhaps from her mother in law.  my mother in law had no income. now my husband had taken a loan to build up this house in the name of my mother in law and guaranter is my husband and paying also the instalment of loand around 10000.  now my mother in law had filed a suit in collusion of my husband and filed a suit of under DV Act, 2005 against me and made my husband and me 2nd respondent and ist repondent and ask us to vacate the house and claimed that it is her self acquired property.

 

I want to ask that is it possible under DV Act, 2005 to get vaccated her house from me

and  I have a right to resident in her house although she is claiming that it is her self acquired property


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