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Father died property in hands of brother in law how to get it back
26-Aug-2023 (In Property Law)
My father is died in 2014 in an accident ..he didn't make any will he have one son and one daughter..after his death his shop is under the control of his daughter husband...now do Me and my mother will have the right to take back the shop from him?
Since he has not executed any Will, the property rights devolve to all the legal heirs. Any other legal heir can file a case for partitioning the property if they are not ready to vacate from the property. In the partition case, you and your mother has to prove your better claim over the property.
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Adv. Nelson Joseph
Kochi | 100+ Answers
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You and your mother has a share. Try to have an amicable settlement or you can initiate civil action... .
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Adv. P Venu
Vaikom | 500+ Answers
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After the death of father his all properties is equally distributed to his legal heirs- wife ,daughter and son. Son in law has no right over the property. So try to settle the matter amicably . If they are not amenable file a partition suit or particularly claim your mother over the shop and file a complaint before the police. if the police not take necessary steps against him file an eviction suit and stay petition against Son in law for illegal use of the shop for his own gains
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Adv. Ajay NS
Ernakulam | 200+ Answers
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