we are staying in grandmothers house (father`s mother) which is gifted deed by her mother.our grandmother has two sons , our father & his younger brother. Both sons are no more and their wives are alive. my father has 4 daughters and 1 son and my uncle has 3 daughters and 1 son. Now our own brother is staying with his family and built four shops on his own and rented out without taking our permission.we are staying in different places in india. How can we proceed legally and what the law says whether we are eligible to get the property . The will is not made on anybody.our cousins are not intrested in spending the money on lawyers because they thought that if we put the case,they get their portions automatically.please help us.
Asked in Property Law from Anantapur, Andhra Pradesh
1) grand mother was absolute owner of property . i presume she died intestate ie without any will .
2) on her demise your father family has 50%share in said property and your uncle has 50%share in said property
3)you can file suit for partition . your father share would on his demise devolve on his wife and 5 children . in other words you have 1/6th share .
4) issue legal notice to your brother . if your brother is willing deed of family settlement can be entered into failing you will have to file suit for partition
1. Since the house was gifted to your grand mother by her mother the former is the absolute owner of this property.
2. Considering the fact that your grand mother died without making a will her share will now vest equally in the widows and children of her deceased sons.
3. You are entitled to 1/6th share as other 5 shares will go to your mother and 4 siblings. You may file a suit for partition to cull out your equal share in the property.
4. If there is a consensus among all your siblings to divide the property then it can be legally divided by making a deed of family settlement.
You are entitled to 1/6th share as other 5 shares will go to your mother and 4 siblings. You may file a suit for partition .
Advocate, New Delhi