partition of property

Querist : Anonymous (Querist) 21 November 2009 This query is : Resolved
my father has died without will , my mom still alive and my three brother not interested to give me my share price of residential property around 4000000.
i want to know how much expences will occur and what will be lowyer fees appx
so that i can handle my budget. how much time will take place in this type of cases

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Raj Kumar Makkad (Expert) 21 November 2009
You have definitely share 1/4 in the entire properties left by your father.

So far as fee of advocate to be engaged by you in the aforementioned litigation is concerned, it is purely negotiable and varies from place to place and person to person.

G V S Jagannadha Rao (Expert) 21 November 2009
1. You can file a suit for partition and recovery of possession of your share in the property.

2. Court fees and Advocate fees would vary from State to State. Unless you specify to which State you belong, the exact figure cannot be ascertained. You may however budget about 5-6% of the value of your share of property as expenses, out of which you may recover about 2-2.5 % by way of Costs, if the Court grants costs.

3. Exact time that it may take for your case to be decided by trial court cannot be predicted. On a rough estimate, in Urban areas, the case may take 3-4 years and in rural areas it may take a year less. Another like period can be estimated for the cases to be disposed off by each of the appellate courts.

Sachin Bhatia (Expert) 21 November 2009
File a suit for partition, you are entitle for 1/4 in the entire properties left by your father. Fees of the advocates varies.

Querist : Anonymous (Querist) 21 November 2009
mr. prabhakar ji you raise same conclusion as it is in my mind also. but i donot know any other expert say that.

Adv Archana Deshmukh (Expert) 21 November 2009
You are entitled to 1/5 share in the property of your father. So you can file a suit for partition and seperate possession.

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