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Partition of the demised father's property to get share of property.


23-Oct-2023 (In Civil Law)
My father died in 2008 after that 3 properties were in his name only . There were no nominee in any properties. Now we are 6 members in family 3 married sisters and 2 married brothers and mother. We all siblings made relinquishment deed in favor of mother. eldest son has possessed 2 properties and not giving any share to mother . Now my mother wanted to distribute the property. What legal remedies can we seek to take the possession ?How can we proceed to court? What are the fees taken by lawyer? In what time this case can be solved?
Answers (2)

Answer #1
880 votes
After execution of the relinquishment deed your mother is the absolute owner of the aforesaid properties and she has the right and title to manage the said property and no one can live in the said property against her will. If your mother wants to distribute the said property, the same can be done only through registered gift deed. And if effected she can also file a suit for eviction against the eldest. The fee can be sighted only after the verification of the document.
Answer #2
757 votes
You will have to approach the court and file suit for partition of the properties. The property which were bought by your father can be divided among your brothers and sisters. As far as the fee is concerned it would depend upon the lawyer.

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