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shael singh (sales man)     08 July 2010

How many times Judges my ask party to give arguments

Hello., my name is shael we have a comercial complex in bangalore, it was an ancestral property registered in my fathers name ,my father expired in 2001 and my mother got the khata of the property registered in her name ,Now the problem is my mothers is taking huge advances from tenents and making property in her name we are two brothers and 1 sister , my mother is in bad terms with me and does not want to give any any share nor even a single shop for my living , my sister is married ,iam married . my brother,sister and mother are all against me. i have a few questions 1> can i get any share in my ancestral property 2> can i freeze any transaction my mother trying to do with the tenents 3> steps to get a share in my property iam the eldest son plz help



Learning

 2 Replies

mayilsamy n (student)     08 July 2010

hi,

 

Kindly note that if your father has not made any will (testamentary gift) before his death then all  legal hiers of your father is eligible for a share in his property, the law of inheritence / succession depends on the religion, for eg: if you are a hindu then hindu law would apply to you ie you also will get a share in the property.

Best solution for property dispute is an out of court settlement because there is chance of very big delay  if you take civil courts, so try to solve it out of court. when you feel that out of court settlement is not at all possible then you can think of a civil suit.


things that you have to follow up when you choose to file a civil suit,

 

1.  Try collect yourself the below informations,

    a. legal hier certificate, death certificate of your father etc

    b. details of property, ie registeration no, encumberance certificate, photocopy of the document etc

2. after collecting all necessary details meet a lawyer of your choice.

3. issue a legal notice through the lawyer.

4. if still they are ready to give your share then go for a filing of a case as per the guide of your lawyer.

 

hope that above information is useful

 

good luck and best wishes....

chandrashekhar (ASST.MANAGER)     09 July 2010

One legal notice is sufficient in order to change their mind and allocate your share in the ancestral property.

As they completely aware it is illegal to deprive your share in the ancestral property,

As of now your mother cannot make any will or gift to third person

 

All the best

 


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