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.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Need freedom to be have equal opportunity and not be a housewife
- Is attendance record of government school staff available by RTI
- Loan to friend
- Is selling Sex Toys Online is illegal in India
- Bail rejected do i need to wait for 6 months to reapply in High Court