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Can I claim share in my parents property
17-Jan-2023 (In Property Law)
Female, service,age 55 years, widow, muslim, having small own house with my name and have 1 son age 29 years, service. My brother is not giving rights in parents property. my dad has given me the will which is unregistered. I lost hard copy of will but i have scan copy of will. Brother is not married. only 1 brother mom and dad is no more myself 1sister. brother is doing service. no property is under name of brother. properties belongs to father and grand father Questions (pls suggest as property law and muslim law) 1)How i can claim my rights under indian property law and muslim law under which sections. 2)How much time it will take for judgement. 3)Can i entitled in parents property having own house and son is doing sercvice. 4)How much percentage of property rights can be claimed from my side. 5) Trust property and 1 is on pagdi system total 2 properties 6)Can name of grand father in rent receipt change to my name any charges as per law for transfer. 7)How much time and legal exp
You need to file suit for declaration and partition of your parents property in local court where the property is located. Time limit is not predicted at this moments. No question of your own property.
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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Your facts are circumscribed by the status of immovable properties mentioned by you. You have mentioned that one property is a Trust Property. If it is Trust under Bombay Public Trust Act 1950, then trust deed will have to be gone through. Assuming it is a Wakf (waqif) property, then again the trust (intention of maker of Wakf) need to be gone through in trust deed. The other property is a tenancy premise , which attract rent law. As per Maharashtra Rent Control Act the heirs are deemed tenant provided they fulfill the condition under sec.7 of that Act. Further, if Landlord is not ready to accept you as tenant, then only course with you to approach Rent Court for declaring you as heir and deemed tenant in place of your grandfather. It seem
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