Can my mother ask for share in her father's residential plot?
My mother has residential property from her father's side. My mom are only two sisters. My mom's sister's elder son was staying since childhood with her father and she was not taking any amount since then. After such a long stay he is thinking that the residential property is only his right.
Now mother wants equal partition of residential property but mother's sister is not giving fare equal share of the property and not vacating our share. Don't have any docs in government record.
I wants to know how we can proceed and how much maximum time as per Indian scenario can be taken.
We suggest that you should file a suit for partition by metes and bounds and also for permanent and mandatory injunction. As your grandfather had died intestate (without a will), his property will devolve equally on both his daughters which implies that you mother has an equal share in property as your mother's sister irrespective of the fact that you haven't stayed in that house and your mom's sister's elder son has.
No government record shall be required as the property must have been in the name of your grandfather, and your mother and her sister are his only Class I heirs.
Hence, the property shall devolve equally on both of them. And further, this is not a very lengthy process as once your mother proves her relationship of father and daughter in the Court, the Court shall pass a decree for partition by metes and bounds.
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