How to enforce distribution of family owned property


The Property which has Ground floor plus 2 floors has to be divided equally among the 4 legal heirs as per the registered will by the owner who passed away in Oct last year. The mutation of the property has been done on the names of the all 4 legal heirs. It was decided mutually that the property will not be sold and it will be demolished and will construct newly having Ground, 1,2 and 3rd floor and will be divided as per the lottery chit system. The problem is that son of the eldest daughter is living currently on the 2nd floor and is reluctant to vacate and tells he is being living there for 28 year's though he was not giving any rent and he is not a tenant. The 3 legal heirs are not interested in going to court whereas youngest daughter wants to take her portion in the property as per the registered will. Plzz advise how much time will it take in court to get the judgement and during that time can we vacate the property by the occupant who is staying on 2nd floor.HinduReligion law

Answers (1)


256 votes

Dear Querist,
These family issues in the property matters would be long lasting before the Courts. kindly go for the Alternative Dispute Resolution systems for settling the issues. Kindly mention the details of the settlement mentioning that the said property would be demolished and new building would be constructed. This problem may be solved within the span of 6-8 months.


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