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Dharmendra (-)     07 January 2017

Inheritance right on family property

Hello Experts,

Kindly advise, as my case is narrated below. 

The Property is located at Mumbai and on name of my grandfather. The title of property is in nature “PAGHADI (Rental more then 99 years and need to pay landlord on sale at least 1/3 or 50% as per prevailing practice) ” system and living in this property more than 60 years.

My Grandfather was died in year of 1997 and there was no WILL. My grandfather family consist four sons and three daughters, out of which two sons and one daughter were heavenly boarded.

Initially all brothers and sisters were living together, but post marriage one by one got separated and now my youngest uncle is living there since 30 years.

Even I am unaware that whether still property is on Grandfather name or not, but for sure young uncle has never asked for any signature for property transfer from any one.

In absence of WILL, how distribution of property can take place in following scenario.

  1. If young uncle not agree to vacate then what legal action can be taken?
  2. If young uncle agrees for distribution, how to distribute the property? Necessary to distribute among brothers and sisters?
  3. How to know the status of property and on whose name?

Many many thanks in advance for help and advise.

Regards,

DS.



Learning

 1 Replies

G.L.N. Prasad (Retired employee.)     08 January 2017

First file RTI application to SPIO of the concerned warned and provide House No....Location and seek the mutation records since 1997.  Then contact a local advocate and get one legal notice issued demanding the share in the property.  Wait for his response in wriing before assuming things.


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