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Rights of Coparceners over Hindu Undivided property
21-Jul-2023 (In Property Law)
We r 2 Hindu brothers n my father passed away in 2010 n mother is staying with us. Father left 2 properties 1. HOUSE in which brother is living for the last 17urs.dumped all assets n gold in to his business. 2 LAND in the name of mother he mortgaged it to support business n this yr sell it off without our consent, under threat mother signed.Now mother is with us n we want to sell d house, he want 2 partitions n as we want 3 partitions otherwise he will not vacate.plz suggest 1.can my mother make will of her share 2.how can I proceed for3partitions.3.can iclaim my share in land deal.mother will stay with us n is under guilt that she has not done justice with us so wants to give her share to us.
Venerated Sir,
According to Issue No. 1 you have right to take a Will from Mother's property. Mother will file a case against her son that due to coercion and undue influence son has take the property so that you can make a pressure over your brother towards settlement of all property. You can also file Partition suit and claim all properties that has been coming from father property. You can claim in entire property as a legal heirs and mother can't sell any property without any permission to yourself because that property had been developed by your father, hence you are one of the legal heirs of that property. Feel free to call me through lawrato.com.
According to Issue No. 1 you have right to take a Will from Mother's property. Mother will file a case against her son that due to coercion and undue influence son has take the property so that you can make a pressure over your brother towards settlement of all property. You can also file Partition suit and claim all properties that has been coming from father property. You can claim in entire property as a legal heirs and mother can't sell any property without any permission to yourself because that property had been developed by your father, hence you are one of the legal heirs of that property. Feel free to call me through lawrato.com.
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Adv. Anil Kumar Singh
Ranchi | 500+ Answers
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As per ur family case u have right to claim the right in the property and ur brother has to be stopped before its too late .U have to file a case in district court where u will have to put all property before court and urge to divide the property .Also u should urgge court to cancel mortage deed as it was taken under threat.
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Adv. Pankaj Kumar Singh
Ranchi | 100+ Answers
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dear Sir...
Yes you need to get the partition in three shares.....
yes she can make her WILL and duly give her share to you ...
in order to do so its better o go for partition through court ...
for any query or help feel free to revert back
with regards
Adv Uttam Tibrewal
Ranchi
Yes you need to get the partition in three shares.....
yes she can make her WILL and duly give her share to you ...
in order to do so its better o go for partition through court ...
for any query or help feel free to revert back
with regards
Adv Uttam Tibrewal
Ranchi
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Adv. Uttam Tibrewal
Ranchi | 200+ Answers
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