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Kashi nath   28 July 2020

property dispute

Many Thanks in prior

My dad has two brothers one elder and one younger
my grand parents (my dad's mom n dad) left behind 300square yards of https://t.co/kvLFlz7QZ6 grand mother was having property on her name.

My uncle (dads younger brother) who is also an advocate in hyderabad civil court
along with dad's elder brother have divided equally and registered the property on thier names.
This they have done just before few months my grand mother died with prolong illness in 2017.

Till now they have not informed about this division to my father or me or my family.
I got to know about this recently when I checked hyderabad municipal land records or encumbrance certificate.
So far I have not informed about this to my father anticipating family disputes.

after about 2 years of grand mother's death we have been asking them for property division
but my uncle (dad's younger brother who is also advocate ) claims that my dad cannot fully claim property
as he had helped my dad to get property papers released when same property was mortgaged by my dad
for brief time about 30 years ago.
He still makes us feel that proerty divion has not happened(when both brothers did it without informing us).

This statement of him is absolutely cunning and filled with ill intention to acquire property.
In last 30 years he never told us that he will take share in property and suddenly he is
coming with tactics soon after my grand mothers
my dad is hard working devotional minded person and he is being deceived.
I have offered him money with interest for whatever help he did but he reluctant and want to acquire full property.

Could you please suggest sir,
I'm thinking to take legal route against both brothers( younger and elder) for having divided the property without informing us.
Also would like to know what are my chances of success.

Thanks


Learning

 5 Replies

Dr J C Vashista (Advocate)     29 July 2020

Be brief and specific, if you want to seek obligation of experts on this platform. 

2 Like

Real Soul.... (LEGAL)     29 July 2020

You can challenge any such document in the court of law, and seek partition of property .DO not delay further just consult some good civil laywer and file the case.

1 Like

G.L.N. Prasad (Retired employee.)     29 July 2020

I'm thinking to take legal route against both brothers( younger and elder) for having divided the property without informing us. Also would like to know what are my chances of success.

Who are you to challenge when your father is living, as Grandchildren are class ii, legal heirs.  Ask your father to contact an advocate to explore possibilities of demanding for share and for immediately issuing a notice to both brothers of your father.  In partition suits, nothing is certain though the presumption is that all legal heirs have equal shares in the deceased's property.

1 Like

Kashi nath   29 July 2020

Thank you very much sir and everyone for suggestions

P. Venu (Advocate)     29 July 2020

What is the stand of your father? He has option to file a suit for partition, at his discretion.


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