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simanchala padhairy   17 July 2017

Property matter

my father have 2 mora brother and one sister and my grand paa and my grand maa will die past 1 year. but the other 2 brother of my father they not give the my dads share of full property.. and all type of work will be done my dad will talk with him and they dont want to give the property to my dad. so what i do now. plz give me any suggestion how my dad will get his part of property..? if i go for partetion case so how much time will taken by the court.? and i know that if this case will go to the court so my uncles are not go court so what happen next.. how will slove this case plz give me suggestion.. plz help me as soon as possibale plz.. i am waiting for your reply plz...



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 10 Replies

Ms.Usha Kapoor (CEO)     17 July 2017

Tell your father to file apartition suit so that the  3 brothers and   daughter of your grand father gets 1/4 th share each in your grand father's property assumimg that it'sself acquired property of your grand father and after his and your grand mother's death each of the 3 sons  and 1 daughter gets 1/4th share in that propertyIf   it is ancestral line of descendants should be 4. in which case you will acquire a right by birth.

Azhagananth (Lawyer)     17 July 2017

my grand paa and my grand maa will die past 1 year. -?
 

simanchala padhairy   17 July 2017

If my dad's sister not claim for the property so the property will devided in 1/3 or not...
And if u file a partition suit i know that my dad's 2 brother not come to slove that and not attand the court. so how will dont that.?
And dad's sister has also take the gold after grand monther death. the gold will counted or not...?

simanchala padhairy   17 July 2017

#Azhaganath

my dad's father and mother will die and 1year completed. bt the proprety will not divided among the brothers.

Ms.Usha Kapoor (CEO)     17 July 2017

If your father's brothers don't attend court court will issue Non bailable arrest warrant etc to them and they would be compelled to attend court. Your sister taking gold Jewellery from your  grand mother will be taken into account while partitioning the property.

G.L.N. Prasad (Retired employee.)     17 July 2017

From all the posts you have made, it appears that it is difficult for you to understand the issue through a open forum, as you go on posting doubts on each and every clarification.  Please contact a local advocate, who can guide you to issue a legal notice to your uncle for partition and wait for the response.  First get those documents that establsih that the property belongs to your grand parents.  The experts in the forum can understand simple English and hence do not repeat what was posted already.  Your grand parents expired.  Your aunt may not want her share but unless she gives a relinquishment letter it is not valid, and she is a necessary party.  When your father is living, whether you can file a partition suit or not is still doubtful and let some experts or your local advocate clarify as to who should file the suit, if your father refuses to file suit against  his own brothers, out of sentiment and for prestige.  (It is a sentiment)

Kumar Doab (FIN)     17 July 2017

It is believed that you are all Hindu, property is slef acquired...............and deceased owner has not left any valdi WILL.

Confirm!

 

Kumar Doab (FIN)     17 July 2017

Apparently it seems to be simple issue of inheritance.

Death certificate,legal heir certificate are basic requirement.

Submit these to O/o Authority under whose jurisdiction property falls and get updated mutation records showing names of all legal heirs and owners by inheritance.

Thereafter you may even sell....................

 

 

Kumar Doab (FIN)     17 July 2017

If you are in possession don't give up;Kabja.

P. Venu (Advocate)     17 July 2017

Your father can file a partition suit.

 


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