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Where does the property case jurisdiction lie?
12-Mar-2023 (In Family Law)
My mother in law are 4 sisters and brothers and their mother. Her father passed away and they have a property in father's name.
Now the brothers are not giving any share to the sisters in the property. We and the mother in law stay in Faridabad and the property is in Delhi.
What case can my mother in law file and where should the case be filed? Delhi or Faridabad?
Assuming you are Hindus,
If your mother inlaw's father has died without a Will then,
as per Section 10 of the Hindu Succession Act, the property will devolve among all legal heir. The legal heir herein would mean mother, sister and brother.
Hence your mother in law and her sister and mother has right on the property.
It is suggested that mother in law and her sister should file suit for partition thereby demanding their portion of share.
Further along with the partition suit , they can also file application for injunction thereby restraining the brother's to sell the property.
With respect to your other query, since the property is situated in New Delhi, so the suit has to be filed within the jurisdiction of Delhi courts.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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