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Want to take possession of my Flat


08-Aug-2023 (In Property Law)
The registry of the flat is in my name in Partition Deed made by my Grand Mother, she gives one Shop to my youngest brother and also another Flat is in my Father's name in the same Partition Deed currently I am living in the Flat which is in My Father's name with my another brother. We are three brothers. My father died few months back and there is no will for that flat which is in my Father's name and my youngest brother is living in the flat which is in my name with my mother and i want to shift in that flat which is in my name with my family including my mother. What can i do legally and also can i get my 1/4th share from the flat which is in my Father's name. Please advice....Thanks
Answers (2)

Answer #1
640 votes
You can get the possession of your flat and then You can file a suit for partition out of your father’s property.
Also it is great that you want to take your mother along, it shows your bonafide and that you actually want what you deserve and is justified.
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Answer #2
568 votes
By your query what can be understood is that the owner of the flat was your father who has died without will. therefore, the property has to be devolved through intestate succession. If all the testator or the shareholders consent for the distribution of the share in the flat. A partnership deed can be executed between all of you and if there is any disagreement between the shareholders then a partnership suit can be filed against them and your share can be claimed in the property.
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