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Flat in parents name died without will how is the property distributed


06-Feb-2023 (In Property Law)

How can a Flat issue be resolved when flat is in Parents name (expired), there are 4 heirs, nominated to 2. No agreement between heirs. I desire that court decide each ones share and also sell the flat and give amounts to those eligible. How to proceed in such a matter. Based in Mumbai.

Answers (2)

Answer #1
716 votes
It completely depends upon the law of succession applicable to your family. The Nomination is for membership in the Society and not for distribution of Ownership rights in the family. As an addition it also is suggested that peaceful and amicable alternative dispute resolution means be sought for Distribution of the Property amongst the heirs, so as to avoid the conflicts, which can ruin the family relations, as well as the costs of litigation.
Answer #2
586 votes
you will have to give legal notice through Advocate of Partition of the property to all the legal heirs

Once you give Legal notice for Partition to all the Legal heirs and if the Legal Heirs do not come forward for the Partition then You can file Suit for Partition of the Property depending on the valuation of the property involved, you can file Suit for Partition either in City Civil Court or in High Court - Original Side !

Once suit is filed then the Court will give you the relief of Partition by dividing the properties !

Hope this Helps !

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