• Share in my father in law property

My Husband died in 2005 and my father in law died in 2000. There is no valid and registered will, there are four claimant in the property of my father in law including my husband. I made a claim for 1/4th share in my father in law to other three as they are enjoying the property since 2000.
Now all other three have accepted my claim in writing and willing to give it to me,but one co share holder is creating issues with amount of share whereas other two are ready to settle the issue amicably.Please note that One who is creating issues every time is having all the legal paper including balance sheet and property documents,and he is reluctant to produce the same as I want a fair share please advice what should i do
Asked 6 years ago in Property Law
Religion: Hindu

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18 Answers

File partition suit if out of court settlement is not possible. And at least grab that much share you are receiving, rest you can get through court if partition is unequal.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

file suit for partition for division of property by metes and bounds 

 

2) seek injunction restraining sale of property by other legal heirs 

 

3) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

You can file before the court for partition for your share of the property. If the person is failing to mutually partition the property and give you your legal Share.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The share of the property belonging to your father in law is to be divided amongst his sons and daughters. You dont have a right in it. However if they are willing to give you you should file an application in the sub registrar for the property documents.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You are entitled to 1/4th share of your deceased father in law's property which actually was inherited by your late husband.

 

2. The certified copy of the property document can be availed from the office of the Registrar and the copy of the balance sheet of the firm can be had from the ROC.

 

3. If he/they are not willing to give you the due share of the prioperties amicably, file a partition suit claiming your equal 1/4th share of your father in law's properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

if the issue is not settling amicably, approach the Court for the partition of the property

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

This is my response to you:

1. Send a legal notice;

2. If he does not respond then you will have to approach court;

3. Still the other co-holder can settle the matter;

4. If he chooses not to then ask the court to pronounce orders;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

better to send a legal notice through lawyer after consulting him/her (offline/online) thoroughly along with relevant documents,

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

A partition suit can be filed in the city civil court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

File partition suit than settlement through LOK adalat or file pre litigation suit, there you will get mediator. NO arbitrator.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

by mutual consent of parties arbitrator can be appointed to resolve the disputes 

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

See appointing arbitrator or.mediator won't yield result if other party doesnot agree.as it is not binding.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Arbitrator is appointed by the Court in case there is a provision for such appointment in an agreement which is the basis for a  dispute.

 

2. In your case, you shall have to file a partition suit claiming your share of the property as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

file partition suit in jurisdictional civil court.

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

It's better you settle mutually.  Otherwise you need to file partition suit in civil Court

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

If one of the cosharers is creating problem and is reluctant to partition both the movable and immovable  properties, then the option before you is to file a partition suit and drag them all to the court of law seeking yor legitimate share in the properties as per your entitlement.

Let them answer the court when the case is going on.

You may take the advice of a local advocate and proceed with the sid partition suit.

T Kalaiselvan
Advocate, Vellore
90053 Answers
2499 Consultations

Arbitrator may not be able to solve the issue since it is a personal issue, you can appoint  a mediator, but the mediator's  solution may not be acceptable to them hence you may have to revert to the court, instead you may directly approach court for a proper and legal solution to this.

T Kalaiselvan
Advocate, Vellore
90053 Answers
2499 Consultations

Dear Client 

You should Go for mediation regarding this dispute as it is not a big issue and every one wants to give your share but the main issue is about how much the share would be.

Then My suggestion is that you should go for mediation which will be between you and person who is creating issue. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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