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How to claim property in joint ownership


29-Aug-2023 (In Property Law)
We have a joint property purchased by my late father in his three sons .now the property is vacant where one of the elder sibling has possesion to this properťy and aslo the other property in my father name.he is not coming for a proper settlement ..how can i claim my share in the joint property where it is in my name also?
Answers (3)

Answer #1
986 votes
Sir
( The owner ship of the property is not mentioned clearly. Whether three sons is only the owner or also the father and three sons jointly purchased is not stated correctly )

As you informed that the property is purchased by your father in his three sons name. Then all three sons are the joint owners of the property and all of has equal rights over the property. One cannot curtail the right of the other sons.

Here you can seek for declaration of title over your share. Or you can seek for release of your share by executing the release deed.

As you informed that the property stands in the name of your father and is he is no more then being a legal representative can file a partition suit and can sought equal share over the property which is stands in your father name.

Answer #2
839 votes
You are all having equal right, title and interest over the joint property if father dies you are all get equal share out of his share. You can divide your Father's property equally and can file partition suit for division of the property.
Answer #3
732 votes
If your father is no more and left you intestate means without any Will or Gift then you can file a partition suit before civil court at your place so contact any advocate. Before that first send a legal notice to your brother by asking your share if he denies then you can go to court. You have right in your father's property and your sibling cannot deny your right.

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