My grandmother (mothers mother) had bought property in Bandra West in a Catholic Society. She had 4 children, 3 Sons and 1 daughter (my mother), after she passed away, her elder son, entered the names of all 4 children as share holders on the property. His family has been living at the said property for the past 30-40 years. Now after his death, the other brothers and sister decided to sell the property or develop it. But the wife of the elder brother is not agreeing to sharing it @25% each, she has the following demands, sell the property to a builder, the builder should provide her 1 flat for her own accomodation, from the remainder value of the property, she wants it to be divided into 6 parts, 1 part to her, 2 parts to her 2 sons and the remaining 3 parts to the other 3 share holders.
Could you let us know how to proceed, the other share holders are not ready for this arrangement and want to know how to proceed legally.
Asked 2 years ago in Property Law from Bombay, Maharashtra
file suit for partition . the flat in bandra must be worth in crores . you should not agree to give her 50%of sale proceeds .
file a partition suit rather agrreing to give share sale proceeds
Advocate, New Delhi
Your Grand Mothers children (both male and female) have got rights to get equal share. File a partition suit.
The property has to be divided equally between the four children. The wife of the elder brother is not correct in making her demand.
Thank you all for your advice, will discuss this with my relatives.
Asked 2 years ago
thanks for your appreciation
Do not accede to her demands as she has no preferential right in the property. File a suit for partition to cull out your share in the property.
Thank you all once again, I have discussed with my cousins and we have another question. Currently my first aunt and her 2 sons along with their families is residing at the said property and they have said that they will not vacate the property if their demands are not met. My uncle had also filed a case against his son to have him removed, but he passed away before the case could be closed. Please advise.
Asked 2 years ago
never bow down to black mail tactics . you have to take legal proceedings to claim your share in the property . file suit for partition as advised
File a law suit for partition of property to cull out your share in the property.