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About property - past 20 years my father was not in that house About property - past 20 years my father was not in that house

1 year ago

My father's father house was there,but since past 20 years my father was not in that house,his brother is staying in that house,now they are refusing to give share in his house my father was physically handicapped andnow living in ashram

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,

He is in permissive possession of the said building and your father can file a suit for eviction or used muscle power and throw him out.
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Abhimanyu Shandilya

Responded 1 year ago

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A.Dear Client
You can initiate a partition suit by making your father the petitioner and then the court will pass an order wherein your father will get his due rights in the property share. You can initiate the whole process by sending a legal notice to them first.
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Anik

Responded 1 year ago

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A.Dear Client,
if your grandfather made any will before his death and mentioned your father in it, then it will be possible. if your father had made any legal heir declaration, then he can issue a partition suit.
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Advocate Sinjari Bandyopadhyaya

Responded 1 year ago

A.To give opinion, it is necessary to know whether after your grandfather's death without any Will, your father took the necessary step for Legal Heir Declaration for name substitution in the Record of Rights. It is necessary for your father to give Notice to his brother for Partition of that property by execution and registration of Partition Deed within stipulated time period, failing which Partition Suit is required to be filed for Declaration of property share, injunction & status quo and Partition.
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Advocate Sinjari Bandyopadhyaya

Responded 1 year ago

A.To give opinion, it is necessary to know whether after your grandfather's death without any Will, your father took the necessary step for Legal Heir Declaration for name substitution in the Record of Rights. It is necessary for your father to give Notice to his brother for Partition of that property by execution and registration of Partition Deed within stipulated time period, failing which Partition Suit is required to be filed for Declaration of property share, injunction & status quo and Partition.
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