470+ Lawyers are online 
Family Dispute for property
21-Mar-2023 (In Property Law)
Religion Hindu. My grandfather had purchased few properties and each property was registered in the name of different sons. He had expired without a will and my father has requested his other 3 brothers for equitable distribution of properties. However,one uncle with the most expensive property registered in his name is not agreeing for equitable distribution. Also, this uncle has retired since last 13 years and is utilising family money for his household expense,son's college fees, daughters marriage, repairing house. 1.Can we file a case against him for equitable distribution of the property registered in his name. 2. If yes, please suggest a suitable lawyer in Mumbai. 3. What is the probability of winning the case and 4.How long does such a case would last.
Hi,
As your grandfather has died without leaving a will, Within 3 years from the date of death of your grandfather, you need to apply for letters of administration without will annexed to administer the properties of your grandfather. As I understand from your query, before the death itself, your father had already transferred the said property in the name of his sons and registered the same in your name. The request that was made by your grandfather for equal distribution, acts as a condition restraining alienation which is barred under section 10 of transfer of property act. Therefore, that request whether oral or written has no value and hence, you do not have any legitimate cause of action to succeef in this case unless you have some more material which you have not disclosed above.
As your grandfather has died without leaving a will, Within 3 years from the date of death of your grandfather, you need to apply for letters of administration without will annexed to administer the properties of your grandfather. As I understand from your query, before the death itself, your father had already transferred the said property in the name of his sons and registered the same in your name. The request that was made by your grandfather for equal distribution, acts as a condition restraining alienation which is barred under section 10 of transfer of property act. Therefore, that request whether oral or written has no value and hence, you do not have any legitimate cause of action to succeef in this case unless you have some more material which you have not disclosed above.
Helpful?
10+
10+
Adv. Rushil Aiya
Mumbai | 100+ Answers
CONTACT NOW
There are so many good advocates in Mumbai. You need to find a civil lawyer who deals in partition declaration suits. You can file such suit however the time limit and cost depends upon facts and circumstances which can not be stated specifically
Helpful?
16+
16+
Adv. Sagar Kothari
Pune | 400+ 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."
