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What to do if there is property dispute
21-Jun-2023 (In Property Law)
Hi, My self chartered accountant seeking a legal advice of my family dispute. The Query are here as under:- We have a joint family business of Kirana shop whose license & registration are in my father name. The family business is run by four brothers & one have got expired. My father is the younger among them & having age is 65 Years. Similarly we have a property house in Joint name of three brothers including my father. Currently we are facing dispute of related this property and we are expelled out from this share without giving any partition forcibly. We are seeking advice and our rights on the settlement of the case. Who will be legal heir & inherit the shop ownership as currently we do not have any kind of will ?? what will happen about the license & registration as Income tax return is filling on my father's name ??what is the right & liabilities of legal heir in this case. Thanks in anticipation and looking for favorable advice
As per Hindu law succession of property ,in which no will is made the property is divided as per Hindu law of succession ,recently in 2005 even daughter has been given equal share at par with son ,in your case the property will be divided equally among all legal heirs ,with being epileptic does not bar your brother from the succession of the property ,provide further details !
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Adv. Rishi Kumar
Allahabad | 5+ Answers
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Hello. Since there is no WIll you will have to file a Partition Suit to claim for the house and the Kirana shop. Here it will depend on the value of the property whether the suit needs to be filed in the High COurt or City Civil Court. Is the house and Kirana shop on ownership .
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Firstly I told you if property is undivided he can't sell his share. Whenever you all share holder give noc. And if he wants to sell his share you all buy his share and give consideration as per circle rate. If you want to stop your brother then file a stay suit
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Adv. Shubham Mishra
Kanpur | 100+ Answers
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This is my response to you:
1. Since the kirana shop is under your father's name therefore your father continues to be the legal owner of that shop;
2. After his demise, his legal heirs, including his wife and children who are Class I heirs will inherit the property;
3. As regards to the property which is in joint name of 4 people, all the 4 are the owners of the property;
4. Your father has 1/4th share in the property and therefore he can stake his claim on it so;
5. Your father can send a legal notice and the subsequently file a suit for a claim on the property;
6. If the disputes continue to remain, then the method of last resort is to approach court and file for suit of partition.
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Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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Hi Praveen, There is one thing have to be clear is that the sixth member is added by the law and its her rights. but as you say she is passes away then its again settle with all that five person as before is there is any other living person remains like your father's sisters etc. So there is not a bog deal to take back the 6th share again.
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Adv. Hemant Kumar Joshi
Udaipur | 25+ Answers
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