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Abhishek (Manager)     08 June 2011

Share in Grandfathers property

Dear Sir,

 

I am from Panipat.My Father are three brothers and for long period they were all together. We had agriculture property purchased by my grandfather and my grandfather Died long back. After some time my father and his two broter, they sold the property and purchased new property in indvidual names. For example My father purchased 10 acres in his name and another uncle purchased 10 acres in his name like on.

I am out of my house since last 18 years, because I did love marraige and my father was not happy with this. and since then I am staying seperate with my wife and kids. I did went to house when my brother got expired in 2003.

What I want to know is, can I have my share in that property now? If yes, then should I go and talk to them or directly file a suit?

We were three brothers and I am the youngest one. Two elder brothers already expired.but both of them have  one son each and living in same house. My father is still Alive.

 

Please adviseme.



Learning

 3 Replies

Doveson (advocate)     08 June 2011

since it is from the proceeds of your granfather's property, which you have to prove, you are entitled for it.

Advocate M.Bhadra   08 June 2011

During the life time of your father you can not claim the property.law of Hindu Succession shall govern over the property.After the death of your father you will be sole owner.

J.Balachandran (Self)     17 June 2011

First of all you go to talk to your elder brothers sons. When they refuse to give your share and then you file a partition suit for your share. You must to prove that the properties are joint family properties and not partition till to-day by way of partition. After that, you are entitled of it.

J.Balachandran, Advocate, 36-Durga Nagar, Ayyampet-614 201, Thanjavur District, Tamilnadu.


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