• Ancestral property

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 2 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
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
Hi, your aunt has right in the property of your grandfather.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
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.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
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
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
Best thing is to pay the cost of her share in the property, if she agrees so and executes relinquishment deed.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5181 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0