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Ram G   20 December 2022

Only one brother occupied our father house

Dear Sir We are four brothers and one sister, we have house (our father bought and constructed). our father passed away two years back, now the house was occupied by our last brother for few months. Note: there is no will created by our father How to vacate him from our house. thanks Ram


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 9 Replies

Advocate Bhartesh goyal (advocate)     20 December 2022

You need to file suit for partition and injunction against your brother and has to claim your 1/5 share in property.

Sudhir Kumar, Advocate (Advocate)     20 December 2022

sEEMS MORE FACTS ARE THERE TO SHARE.

Ram G   20 December 2022

Sir, the house was purchased by our father in late 1960s by his earned money , can you pls inform what more facts are needed.

SHIRISH PAWAR, 7738990900 (Advocate)     20 December 2022

Hello, 

Yes, you have to file partition and injuction suit against the younger brother. 

Shashi Dhara   20 December 2022

You have not mentioned your mother is alive or not ,file for partition in civil court.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 December 2022

In 2022, the Supreme Court ruled that daughters have the right to inherit their parents' self-acquired property and any other property of which they are absolute owners, adding that this rule would apply even in cases where the parents of a daughter died intestate before the codification of the Hindu Succession Act, 

sahithi reddy   21 December 2022

The property will pass to all legal heirs, including four brothers and sisters if there is no will. You may initiate a lawsuit to partition the property.

Ram G   21 December 2022

Yes Sir my mother is alive

Shashi Dhara   21 December 2022

Then your mother will also get one share that is each 1/6 .


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