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Uncle claiming share in fathers property
13-Feb-2023 (In Property Law)
Due to initial disputes, my father and his two brothers divided the ancestral property. Ancestral house with middle uncle , my father got the house built on another garden property , and elder uncle got the plot near my house as he used to live in another state. Everything was settled. But now my elder uncle is broke and he does not have money to build a house , so he is seeking ownership of our house. As my father passed away a year back , our house is in my mothers name , and we are 2 daughters with only me working. How should we settle this now ?
To give opinion in respect to your query. Firstly it is required to know how the ancestral property was settled amongst your father and uncle's. i. e whether it was done by court proceeding or by a registered deed of partition etc., if the same was divided in accordance with law then you uncle cannot claim a share in the ancestral house, however if it wasn't so done, then you can settle the same in an inventory proceeding or may be a drawing a deed of partition etc.
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Adv. Salil Saudagar
Goa | 25+ Answers
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