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Query about Property without will where brothers are in disagreement


31-Oct-2023 (In Property Law)
My grandfather passed away without a will and left behind a landed property for 3 brothers and 2 sisters. The sisters have never shown interest in partition. The brothers could not agree on partition. Only 1 brother lives on the property while others have their own house. The brother living there has constructed structures without informing or consent from others. He has made servants quarters and allowed servants entire family to live on the premises which has caused our lovely ancestral home to look like a slum with 6-7 kids in the servants family living there. The brother is also very aggressive and allows other brothers and sisters on the property on his whim and is constantly causing a lot of mental stress. - How do we get rid of the slum dwellers from our property - Do we have a strong legal position on this ? - If brothers are always arguing what is the alternative to ensure that partition happens and each one gets his share (Selling is not an option).
Answers (2)

Answer #1
769 votes
Dear client,
You can file partition suit for claiming your share. if the property is self acquired by your grand father and your grand father died intestate than property will be dissolve in his widow and children and you will get a share of your father's share.
Your grand father's brothers and sisters have no share in his property.
Answer #2
819 votes
you are on strong wicket than your brother under which the property is in possession. Contact a good lawyer with all relevant facts and documents and file a partition suit. I am sure , you will get relief.

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