My relatives asking for their share
We live in a 2 storied house which is in the name of my grandfather. My grandfather had 3 children my father and two daughters. My grandfather, grandmother and my father have passed away. In this house currently my mother, sister, me and my wife stay. Now my father's two sisters are asking for their share of the house valuation amount. We are not selling the property nor in a position to give any amount in lieu of which they will register the property in my mother, sister and my name. They are threatening police case and legal action. Under this situation what are we supposed to do?
Asked 10 months ago in Civil Law from Kolkata, West Bengal
1) On grand parents demise your father , his 2 sisters each had one third share in house
2) yiur father share would be inherited by your mother , you and your siblings
3) your aunts can file suit for partition to claim their one third share each in property
4) deed of family settlement can be done for division of property by metes and bounds
Forgot to mention both of my father's sisters are married and have their own houses. They are calling my mother daily and harassing her, they are going to our neighbors and asking them to mediate. What legal steps can we take?
Asked 10 months ago
Your grandfather's children succeeded equally to his properties unless he made a will. As a corollary thereto your father's sisters can claim their separate share by filing a lawsuit for partition. However, no criminal case is made out against you. If they harass you then file a police complaint for criminal intimidation.
A. Since your father's two sister is belongs to class I legal heirs to their father that they will get equal share with your father over the house. However, they dont have any right to harras your mother. By doing so, they will be liable to get punishment under the law.
B. Your father's sister may file a partition suit over the property If they would like to have share over the building. Therefore, you can settle the matter by amicably through paying some amount by executing register Settlment Deed or Release Deed in favour yourself or mother.
1) it is immaterial that your aunts are married and have their house .
2) dont file any case against your aunts . it will further aggravate the issue
3) change your mobile number
4) let your aunt file suit for partition in court to claim share in property