I am staying in my grandfathers owned flat. after the death of my grandfather now my aunt is asking for equal share in the flat can she force me or my father for the partition.so what is the suggestion if I have no other property or flat to stay.
Asked 4 years ago in Property Law from Mumbai, Maharashtra
since your grand father died without a will your aunt and your father being the only 2 legal heirs have equal share in flat . she can file suit for partition
Hi, your aunt has right in the property of your grandfather.
of course your aunt has equal rights as your father upon the property and she can seek partition. you may however seek a family settlement with her by paying her for her share, and continue to enjoy the whole property with your father. the settlement can then be reinforced through the court. it may also be registered for authenticity and legal validity.
if there is no will of your grand father then she can ask for equal share.ia m presuming that aunt is your father sisiter
Advocate, New Delhi
If your grand father died without making a will then all his children have an equal share in the flat. It, therefore, follows that your aunt can cull out her hare in the flat by filing a case for partition in court. In order to obviate the possibility of being dragged to court it will be wise for you to honour and give to her what is her lawful share by entering into a family settlement with her.
Best thing is to pay the cost of her share in the property, if she agrees so and executes relinquishment deed.