Ram (Sr Manager) 29 May 2014

Dispute on father property

My father has 2 sons and 2 daughters with one wife. He was died in 2005 and property in chennai was not divided so far, having 2 individual house and one house join property with my mother.

One house given to one sister, and another house, half area my father made settlement to my another sister

Now we have Joint property of 2400 SQFT are with house and shop in one documents and another half of the father property is about 1800 sqft house is there. So Total 4200 sqft area in that 2800sqft building is there

My mother is live and getting the rent of all Rs 25000/- per month and not given to any one so far but my Brother his living in one portion of area of 700 sqft. Iam living outside in Dubai.

Presently my brother is claiming all the balance property and asking all rent from my mother fighting each other, till now I have not taken any benefit from the property / rent.

I am younger son and I want to claim the rent and property to be divided for that what I have to do , how to file the case , the property value would be around 3.00 Crores, how much I have to pay the court fees. Until dispute clears all the rent to be deposited in court is there is any possibility is there

Since I am in Dubai whether I can make a register the case in chennai HC

Please give your expert opinion

Regards

Ram

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3 Replies

Advocate Rohit (Advocate) 29 May 2014

you need to file the partition suit in High Court at Chennai. court fees would be based on your share in the current value of the property. You need to send a letter to your mother asking for partition of the property. if she fails to do the same amicably within a specified period, then you may sevrve a legal notice through an advocate and thereafter approach the High Court for partition of the property. no way your brother can claim entire property in his sole name. you are also entitled as a heir and legal representative of your father.

Regards

Advocate Rohit Dalmia

9324538481

Mumbai

adv.raghavan (Advocate,9444674980) 29 May 2014

your query is confusing, first you say your father properties remains undivided,subsequently u say one house was given to one sister and other half share to another sister.

come out with clear facts on Number. of properties your father had, his legal heir details and subsequent settlements made in their names by your deceased father.