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What are the option to claim my parental property?
19-Aug-2023 (In Property Law)
Hi My name is Navjot Kaur and I am looking for legal advice on how can I claim the property share from my father's property.
I have 2 brother and my mother and father both are no more with us.
1. One of my Brother lives in Italy and another lives in Spain. How would the legal
proceedings will be done incase of they are not in India. How will the notice from court will
be reaching to them?
2. What are the chances in cases like these of coming to mutual consent out of court?
3. Let's assume they want to goto court or send there representative (if they are allowed to
do that) to court, what is the minimum to maximum time these type of cases can take?
Looking forward to hear soon!
Hi Navjot,
First of all , if your father died without having a will (intestate) then you are entitle to have a share in Property, and
if property is ancestral then even your father cannot eliminate your share by making a will.
If both of your brothers are out of India then summon would be send summoned in there respective abroad addressess for which generally the Courts gives a 6 month date after filling the case.
It will take a bit time but the matter will be in your favour if satisfied above mentioned conditions.
Mutual Consent :- Its depend on your brother either they wanna give you your right or not, otherwise Courts will provide you.
Timing of whole proceedings :- Due to ongoing pandemic Covid-19 delays are taking place all most all previous matters are freeze only emergencial matters and some allowed matters are taking place in the Court. but usually take 2-3 years.
Contact me for more information.
First of all , if your father died without having a will (intestate) then you are entitle to have a share in Property, and
if property is ancestral then even your father cannot eliminate your share by making a will.
If both of your brothers are out of India then summon would be send summoned in there respective abroad addressess for which generally the Courts gives a 6 month date after filling the case.
It will take a bit time but the matter will be in your favour if satisfied above mentioned conditions.
Mutual Consent :- Its depend on your brother either they wanna give you your right or not, otherwise Courts will provide you.
Timing of whole proceedings :- Due to ongoing pandemic Covid-19 delays are taking place all most all previous matters are freeze only emergencial matters and some allowed matters are taking place in the Court. but usually take 2-3 years.
Contact me for more information.
Helpful?
Adv. Vasu Syal
Moga | 25+ Answers
CONTACT NOW
hello Navjot, you can file a suit for partition. you are entitled to get your share in father's property. so contact me as soon as possible along with property papers of your father. after seeing the papers proceedings will be initiated
Helpful?
Adv. Charanjit Sidana
Faridkot | 100+ Answers
CONTACT NOW
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