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I want your Advice, how to take my shop from my chacha
23-Jan-2023 (In Property Law)
My father was expired last year and after his death, I got a will , in my portion of property I have a shop which is mention in my side but it is under the control of my chacha from last 30 years , so tell me how can I take my this shop again what is the procedure
Will mai mention hai ki wo meri shop hai
but kabje mai chacha ke hai, uska tax abhi tak mere father pay karte they ,but unhoney stamp paper par sign kiye they 30 years pehle , lekin registry nhi karke di father ne chacha ko, ab malikana huq humara hai ya nhi
It’s a case where will has not been properly executed though the distribution of share is evident. Share the contents of the will to ascertain as to who are named in it and if it stands invalid then what would be the role of your uncle. I am an advocate for Delhi Police and will seek a relevant legal action to safeguard your interest.
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If the Will mentions any property then it does not prove the ownership of the testator on that property. Main title document needs to be produced before court to prove the same. If you have registered title documents in the favor of your father, then we can claim the recovery of possession from the civil court. For any further legal assistance please feel free to contact
Thanks
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Adv. Bhawana Pandey
Delhi | 1000+ Answers
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We want to see the documents in the regard that on what documents did your father signed ! Secondly, How did your father got this property ? Subsequently, first we need to issue legal notice to your uncle followed by court civil cases. Plz in touch
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Adv. D. Khan
Delhi | 1000+ Answers
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Hi there are two ways by which you can claim your right. You have not mention whether the will is registered or notarised, anyhow it doesn't matter if you have a will then you must go for probate petition and also pray for injunction interval as an interim relief that lead a third party interest is not credited into the party for more details you can call our office thank you you
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Adv. Dev Yati
Delhi | 5+ Answers
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Sar you will have to file a suit for possession on the basis of your will this suit will be filed before the Civil Court in which your uncle that is chacha will be made the defendant and you will have to file the copy of will. also it is important to seek stay on property so that your uncle doesn't transfer the property
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Adv. Nitin Goel
Delhi | 25+ Answers
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You have to probate the will and get it transferred in your name.
Your Uncle will be asked to leave the property.
The will probate can be done through the court.
The possession of your uncle shall be deemed unlawful.
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Adv. Kunal Sinha
Delhi | 200+ Answers
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If the property belongs to you, first of all send a notice to your chacha for giving back your property and if he doesn’t oblige in 15 days, then you can file a suit for declaration and permanent injunction against him.
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Adv. Shrutika Garg
Delhi | 100+ Answers
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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.
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