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Property share in case no will made by the Grandfather
03-Sep-2023 (In Property Law)
Sir my grandfather died without making any will and the remaining legal hiers of the property are my father his 3 brothers and my grandmother and my father's youngest brother has occupied all the property. The house and he is working on my grandfather's shop for the last 17 yrs.. We are living on rent for the last 19 years and he is not giving us the space to live in house or to work in the shop. How can we get our share.
The nature of property matters the most. Was it self acquired or ancestral? Partition suit is a way out. But your will have to provide more details on the facts. Who will file the partition suit also is relevant. Therefore consult a lawyer soon as every day's delay will cost you the property as possession is almost as good as title in cases of adverse possession which is in favor of the youngest brother. Meanwhile compulsively file a complaint under 406, 418 and420 with police. I can draft that for you. Contact me for the complaint draft as well as partition suit.
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Law on Succession is specific to each religion. Assuming that the querist is a Hindu, the matter would be governed by Hindu Succession Laws. Since the grandfather has died instestate, the joint family property would be partitioned and a Partition Suit can be filed. However, appropriate advise can be given when all facts are understood.
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Adv. Shohit Chaudhry
Delhi | 25+ Answers
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Since there has been no will or any testamentary succession and your grandmother is still alive therefore a claim can be straightaway be raised and you can seek your possession along with damages and mesne profits .Therefore you have all the rights and remedies to be availed therefore please contact for further details thanking you.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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Hi, will glad to help you. You should file a suit for partition if that property is joint property of the family. You have to file a partition case in district court under whose direction this property comes.
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Adv. Akash Vajpai
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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