622+ Lawyers are online 
Any rule of law to get share back in of property
30-Oct-2024 (In Property Law)
Father died instate and his property goes to all legal heirs equal including grandMother..now GM is in pressure of aunt who lives with her including daughter .and they won't want tht GM do any will or release deed so tht property divide equally after her..can any type of litigation help so tht we can get our share fully after GM. property includes father self acquired and some comes through will done by grandfather divided according to his will before 12 y. now they r gredy in our share also
Definitely you can file a suit for partition of property in the concerned civil court jurisdiction where the property is situated. it will take some time but rest assured you will get your legitimate share in the property.
Helpful?
Adv. Vinay Redhu
Delhi | 200+ Answers
Chat
In this situation, since the father passed away intestate, the property would be inherited equally by all legal heirs under the Hindu Succession Act, including the grandmother. Here are some possible legal actions to consider:
1. Suit for Partition: You may file a partition suit in the appropriate civil court to formally seek a division of the property. This would allow the court to recognize each legal heir's share, including any specific inheritance rights if there is a will from the grandfather.
2. Injunction Order: You could apply for an injunction to prevent the grandmother (if under influence) from executing any will or transfer deed that could affect the equitable distribution of the property until the partition is legally settled.
3. Ensure Legal Rights Post-Grandmother's Lifetime: If the grandmother holds her share, it would naturally pass to her heirs upon her passing if she doesn’t create a will. You may file for a “declaration of interest” in her share to strengthen the claim of all heirs.
4. Gather Evidence: Collect any evidence showing undue influence over the grandmother by the aunt or any other parties. This can support your case if there is a dispute over the grandmother’s capacity to make independent decisions.
I recommend consulting with a lawyer experienced in property disputes to guide you through the specific steps, draft the necessary documents, and represent you effectively in court.
We can help you in this.
Adv. Mahinder Singh Mavi
Helpful?
Adv. Mahinder Singh
Faridabad | 100+ Answers
CONTACT NOW
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
