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How to resolve family property​ issue


15-Jun-2023 (In Family Law)
Sir, my mother has two brothers.my mother's father died few years back.so my two uncles divided the property among themselves.but they had given nothing to my mother.this had happened so many years back.whether my mother get division in property.how to case a file????
Answers (3)

Answer #1
832 votes
It's a delayed matter. Your mother is having 1/5th share in the properties left. The two brothers are entitled for 2/5 each only. Since your mother did not get her share yet. She can approach court. Take assistance from a lawyer
Answer #2
586 votes
Dear Client,
Why did your mother keep silent all these years. Whether the property belongs to your grand father or he inherited from his forefathers. If it is self acquired property of your grand father and he died intestate that is to say, he died without executing any will, along with her brothers your mother will get a share in the property of your grand father. Even if it is the property of his forefathers ( ancestral property ), then also your mother will get share in it. Engage an expert advocate and get a legal notice issued to your uncles for division of property. But your mother must furnish full details of property to be partitioned.
Answer #3
822 votes
Hello,

If your two uncles are adamant on not settling for equitable distribution of property with your mother, issue legal notice to your two uncles through a lawyer and thereafter, file a partition suit in the jurisdictional civil court for division of property to get your mother's 1/3rd share in the property if your grandmother is not alive.

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

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