quesNeed Legal Advice on Property Issue

I am asking this Query on behalf of my "Brother in Law". Story begins with his Late. Grand Father. - He had 3 son & properties - He had arrange for housing for family of his 3 son. - He did not divided properties on paper but only allocated housing for 3 members as per understanding in family and all three family was living on their allocated house separately. What is dispute? - Dispute is on a House which is located in Premium location and it's priced more than 5 Crore as of now and other 2 Son now want this house to be sold along with other properties. Please advice on his rights here?

  • ansIf grand father died without any Will, then the property will devolve to all his existing legal heirs i.e your grandmother, your grandfathers daughters and son.


    We suggest that your brother in law can file suit for partition thereby demanding his portion of share. Alongwith this suit for partition he can file, application of temporary injunction thereby seeking status quo on the land i.e till the suit of partition is decided the land cannot be sold.

     

  • ansYou can. File a suit for declaration seeking declaration of the house on the basis of oral will given by your father.if the other two brothers were residing in their own houses after the death of the father then now after years passed they cannot claim any title in the house which is of 5 crores,however they can also file the suit for partition aganist all the 3 houses ,in that case you can also contest the suit on the plea of oral will of the father giving the share of the house which is expensive.

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • ansIf grand father died without any Will, then the property will devolve to all his existing legal heirs i.e your grandmother, your grandfathers daughters and son.
    We suggest that your brother in law can file suit for partition thereby demanding his portion of share. Alongwith this suit for partition he can file, application of temporary injunction thereby seeking status quo on the land i.e till the suit of partition is decided the land cannot be sold.

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • 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.
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