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Govind singh   26 December 2015

How to claim share in property

My grandfather owned a self-acquired residential property in Haryana. He died untestated in 1986. He was survived by two sons (including my father), two dauthers and my grandmother. The residential property (150 sq yards) in name of my grandfather was in possession of my chacha since then. My chacha had been paying the land tax to municipality from beginning. My chacha, aunts and grandmother sold their share to my chachi recently. The residential building on that land was recently demolished and completely built afresh by my chacha. Now when my father asked for his share in residential property, they are not ready to give that. My father only has a certified copy of the land registry and sale deeds executed between my chachi (buyer) and sellers of respective shares. What can done by my father to secure his share in that property.



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 4 Replies

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     26 December 2015

1) Your father can file partition suit and claim his share.

 

2) Why delay till now.  Approach an experienced local property lawyer and proceed.

kavksatyanarayana (subregistrar/supdt.(retired))     26 December 2015

as your grandfather died intestate, all of his legal heirs have rights over the property.  so you father can file a suit immediately in the court by consulting an experienced lawyer of the field.

Govind singh   28 December 2015

Thanks for your replies DrKattavenkataramakrishna & kavksatyanarayana. Due to personal situation and health, it is not possible for my father to file a lawsuit at this point of time. Can you please help me understand that how delay, till now and any further, will affect his claim?

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     28 December 2015

!) Then file immdtly by engaging property expert lawyer.  His claim will not vitiate during his life time.

 

2) In the eventuality you will step in as LR.


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