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Grandmother died without a Will mama not giving share in property
10-Aug-2023 (In Property Law)
Hi, My grandmother passed away 6 years back and she has 6 houses, 3 shops in her name. My mother has 1 younger sister and 1 younger brother. My mother's brother is not settling the grandmother's property since 6 years stating that he is the only son and will not give any share to his sisters. Apart from 6 houses, my mom's brother sold 2 houses instead of 1 house by falsely getting signed in 2 bond papers during registration of house as both my mom and mom's sister does not know English to read those bond papers. I want to know how to get this solved after trying third party mediation failed
Your mother and her sister are to file a partition suit immediately seeking partition and separate possession of their legitimate shares in the properties
In the same suit, they can file a application to restrain him from alienating the properties under Order 39 rule 1 and 2 CPC till the disposal of suit as an interim relief.
In the same suit, they can file a application to restrain him from alienating the properties under Order 39 rule 1 and 2 CPC till the disposal of suit as an interim relief.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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Hi, you have not stated your religion in your query. This following context is applicable for Hindus. On the demise of your grandmother without a will the property will get devolve between all three equally. Your uncle is not a sole property owner and your mom can claim her equal share from your Grandmother's estate. You may also challenge the validity of sale that took place earlier by adding the purchasers of those property. This may force your uncle to give your mother share. You may get a retraining order from the court from the first instance and the court will direct the defendant to pay the rent out of the property in the court and after settlement arrayed by partition the money will be disbursed between the co-shares. You have a good case in hand if it is properly established.
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Adv. GP Vijay
Chennai | 200+ Answers
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