Acquiring right over property
Thaiyalnayakee
(Querist) 29 May 2012
This query is : Resolved
A house is owned by my grand mother(Father's mother). My father is her only son. My father has 3 sons and 1 daughter(its me).Now the house is with one of my brother.When we asked for a share over the property, he is not ready to give.He is telling the reasons as he made expenses for my studies. But it is not true. My father is mentally retarded person.he is not with us.All my brothers are married. I am unmarried and also am taking care of my mother.How can i claim rights over that property.Kindly provide the details.
ajay sethi
(Expert) 29 May 2012
is your grand mother alive?if so she can bequeath house to whom soever she desires .
if your grand mother is dead and did not leave any will the house would be inherited by your father .
ask your mother to talk to your brothers rather than going to court
Chanchal Nag Chowdhury
(Expert) 29 May 2012
Of course. U R entitled to a share of the property (1/5 th. share).
File a suit for partition in the civil court.
Thaiyalnayakee
(Querist) 29 May 2012
How to file a suit for partition in the civil court. how much time will it take also the cost or fees that could be charged on it? Kindly reply.
Adv.R.P.Chugh
(Expert) 29 May 2012
1. File a Suit for partition in civil court with help of local lawyer.
2. Time nobody can tell exactly - if matter is not solved through ADR it would take years.
3. Court Fees - would depend on value of properties involved (generally somewhere around 5-10 % of the value) Lawyer's fees would depend on counsel's standing and legal acumen.
Shonee Kapoor
(Expert) 30 May 2012
I endorse views of my Ld. Brothers.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
