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How to enforce vested interests in fathers property
06-Jun-2023 (In Property Law)
Hello, I am married lady and have 2 kids. My father expired in 2001 and mother expired in 2015. The property is at the name of my father. and in division my brother took signature of mine on power of atony. and some more property papers. I had also visited court to register that. Now my brother is telling that I will not get any property from father . Please advise can I claim ?
Madam,
As per my understanding the property of "samy" is self acquired one, and no will has been legally constituted for the same. Then the property has to be shared as per rules, whether the said "samy" has living wife/mother, then the as per rule we have to divide. The notice of "E" with false claim to be given reply tactfully to reserve the rights by others.
As per my understanding the property of "samy" is self acquired one, and no will has been legally constituted for the same. Then the property has to be shared as per rules, whether the said "samy" has living wife/mother, then the as per rule we have to divide. The notice of "E" with false claim to be given reply tactfully to reserve the rights by others.
Helpful?
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Adv. B. Thirunavukkarasu
Chennai | 100+ Answers
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Hello, first of all you must issue a legal notice stating your facts and claiming your share. Thereafter you may also file a written complaint at your local police stating all your facts take an acknowledgement copy for your record. You should also file suit for partition, Injunction and declaration. You should press for injunction so that your signed documents will not create any third party interest. Do not waste time proceed immediately.
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Adv. Sagar Kothari
Pune | 400+ Answers
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Is samy is Kandasamy (hindu) or Arogyasamy (Christian) ?...Is swamy a widower? Presuming swamy is Kandaswamy : "E' can not claim more share even if the property is ancestral in origin. E's claim cannot easily survive in the court. "A" "B" "c" "D" holds equal right in the share of Mr.Swamy's property as that of "E". The remedy for "A" to "D" is the Suit seeking the relief of partition and recovery of possession of the property and for mesne profits (profit, rent and other income from the property) and this may even force "E" to settle the dispute amicably.
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Adv. GP Vijay
Chennai | 200+ Answers
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