• Dispute in dividing father's property

My father has 2 sons and 2 daughter with one wife. He was having 2 individual house and one house join property with my mother.

One house given to one sister, and from my father property half has given to my another sister.

Now we have Joint property of 2400 SQFT are with house and shop. 

In the another half of the property house is there. 

My mother is live and getting the rent of all and not given so far to any one. My Brother his living in one portion and now claiming for entire balance property and asking for rent fight are going in between my mother. I came out and leave separate

I am younger and I want to claim the rent and property to be divided for what I have to do , how to fill the case , the property value would be around 3.00 Crores. how much I have to pay the fees. In future no us should claim the rent has to deposit in Court until dispute resolve what I have to do
Asked 4 years ago in Property Law from Chennai, Tamil Nadu
1. If your father is alive, you ave nothing to do with the property or its rent now,

2. If he has demised, file a partition suit claiming your share of the property including the share of the rent,

3. Engage a lawyer having expertise in the field.
Krishna Kishore Ganguly
Advocate, Kolkata
18135 Answers
438 Consultations

5.0 on 5.0

Follow as advised by ld. friend Mr. Ganguly.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.8 on 5.0

1)since the property is valued at over Rs 3 crores dont take any risk . better engage a local lawyer and discuss the issue with him on payment of his consultancy fees . 

2) you have not mentioned whether property is self acquired property or ancestral property . 

3) if it is self acquired property none of the children have any right in said property during father life time . 

4) father can dispose his share of property as he pleases . 

5) if your father dies without  a will on his demise his share would devolve on your mother and all children .
Ajay Sethi
Advocate, Mumbai
44279 Answers
2572 Consultations

5.0 on 5.0

Nothing more to add.  Follow as advised by learned colleagues.
Shashidhar S. Sastry
Advocate, Bangalore
1617 Answers
107 Consultations

5.0 on 5.0

1. You have not mentioned whether the property is self purchased of your father, or it is ancestral in character. Another facet in respect of which there is no mention in the query, relates to the duration for which the property is joint. 

2. The property which is self purchased by your father belongs to him and only him. He can dispose it at his sweet will. After his life time all his children will have an equal share in the property if he does not make a will.

3. You may move to court for partition of joint property subject to the antecedent ownership and duration of joint character. 

4. It is in your interest to consult a lawyer personally after payment of his consultancy fee.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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