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Property dispute in the Family


08-Sep-2023 (In Property Law)

We came to know that my Uncle (Mother’s Brother) has transferred all the Property of my Grand Parents (both Grand Father & Grand Mother) without taking any consent from mother (My mother is 1st child of my Grand Parents and my uncle is the 2nd). My Uncle has passed away couple of months back and after his death we came to know that my Uncle has transferred all the property by providing false Vamshavriksha where he has shown that he is the only child of my Grand Parents. Now my uncles family are trying to transfer the property in their name. I need to know how my mother can claim her Share.

Answers (3)

Answer #1
388 votes

Your mother should file suit for partition thereby seeking here legal share and also file an application for temporary injunction wherein seeking direction that  the legal heir of your uncle cannot sell or transfer the property to third party

Answer #2
527 votes
Your mother can Approach appropriate court of law can file a Partition suit for the partition of the family property. Even she can send a separate letter/notice to the respective revenue department , where your uncle applied for the transfer of khatha on the basis of wrong family tree and got transferred the name in his favour.
Answer #3
924 votes
Well, I can assist the Father in drafting a Deed, because MOU won't work to settle the Property Division between the Brothers. MOU is a preliminary understanding which works until Parties decide to enter into a formal contract after executing rights and obligations of a MOU

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