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Uncle trying to take grandfather's property after his death


27-Oct-2023 (In Family Law)
Sir My father passed away in 2013 now my brother is with me or mom My grand father passed away in june 2016 now there is some property issues with my fathers elder brother he is trying to get us out of my grand fathers property which is in rajasthan plz help me as soon as possible
Answers (3)

Answer #1
744 votes
Go to the court and file a case for injunction and till the time you get injunction file an application under oder 39 1&2 for interim stay. If you get this allowed then no one can disposses you

Regards
Ruchit Dugar
Adv.
Answer #2
895 votes
In your position, you may file a suit for partition. But try to have some possession in the said property. Don't leave the possession of that property. If your grandfather has not made any will then your father and his brother and other sister will have same right.
Answer #3
783 votes
The property regarding which you facing the issues is the ancestral property or it was your grandfather self acquired property.Whether any family settlement /partition or testamentary succession came in place if yes then in accordance to the document executed partition can take place.If no and it is undivided share then definitely you have your own share in the said property therefore we can immediately move to civil court and also avail criminal remedy if the circumstances are of such grave nature.

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