property dispute as brother sister are not giving my father share
22-Sep-2023 (In Property Law)
Hello,We belong to Sikh family.My grandfather is not Alive He passed in year 2000.He has 3 sons and 2 daughter.1 son and 1 daughter passed away.Now rest brother sister are not giving my father share .My father has requested them several time for partition But they argue every time.My grandmother is also not Alive. How can we seek legal help
Sir/madam, in your situation a suit for partition of the properties, movable and immovable, may be instituted so that the court may partition the properties amongst the shareholders by way of a decree.
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If u r in posssession of the suit property then seek a declaration suit along with partition of property by metes and bounds u do not have to pay high cfees if u r in possession of the property therefore u avail this remedy
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Serve a legal notice through a lawyer demanding partition and your share then file suit for partition in the court where property is situated. If you need any clarification and or legal help you may contact me .
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You can ask your father to simply file a suit for partition in the Court if his brother and sister are not agreeing for the partition mutually. However, he will also have to bear the complete court fees if he files the case alone.
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You can file for a suit of Probate, where the Court will decide whether there was a valid will or not. If there was, then the Court has to adhere to the contents of the Will, if not, then the Court will divide the property equally among all the brothers and sisters.
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