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Monica Priscilla   17 November 2023

Property dispute

My dad along with his brothers brought a land 30 years ago. After my dad's death my uncle wants my brother and myself to sign some documents. he is claiming that he wants to release the property documents from bank for the loan he has taken decades ago. This reason sounds suspicious and we denied it. Now my family is planning to file for partition. Do you think it is possible to get the share of property in such scenarios.After multiple times of negotiations they are not ready to divide the property. What is the last resort to this and is it possible to get the share from them?



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     18 November 2023

You as one of the legal heirs of your deceased father is entitled to a share out of your father's share in the property as a right.

Your siblings and your mother are also entitled to their legitimate share in the property as a right.

If they are not coming for an amicable settlement, yo can approach court of law with a suit for partition to divide the property by metes and bounds and by good and bad soil with separate possession of your share.

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Monica Priscilla   18 November 2023

How long would this case take to be over...we have been trying to negotiate from past 25 years it almost looks impossible and now they have started using unfair means to get our signature and documents

 Is it possible to get favourable decision from filing a suit on this property?

Advocate Bhartesh goyal (advocate)     18 November 2023

Yes, your  siblings  and your mother are entitled to get  share in the property bought by your father and his brother jointly. If your uncle is not ready to settle the issue,you should approach the  Court for partition of property.case will be decided within two or three years.

T. Kalaiselvan, Advocate (Advocate)     18 November 2023

You had travelled over 25 years without any solution and in fact this problem has aggravated now 

Therefore, instead of more delay, you may initiate proper legal action against them at least now and immediately.

The legal process may fetch you the desired relief within couple of years.

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