Equal position in property of deceased father
11 months ago
Can I take equal position in my father's property where my brother in living. He abuse me and my mather and for this reason we are living in rented house nowadays. We want to do partition equally between all legal heirs of the property and build a wall in the house. Where I should go for help if we do not want to involve any case proceeding.
A.Dear client,
If you do not want to involve any case proceeding, you can try mediation by asking a third party that both you and your brother know to sit through and help both of you partition the property.
However, since you mention that your brother is abusive, the aspect of well-being of you and your mother must be factored in.
If the mediation fails and is you have documents to prove that you have a right in your father's property, by way of that you can ask the court to issue a notice to vacate the premises to your brother.
Thank you
If the property is the self-acquired property of your deceased father who left it intestate, then all the surviving legal heirs (i.e you, your mother and your brother) are eligible for an equal share in the said undivided property. you all need to file a civil suit for partition of the said property for obtaining your individual share on the basis of an order of partition to get the individual share mutated in the name of legal heirs. In case you need any assistance to access justice in this regard you may contact our legal team along with relevant papers for taking the necessary steps.
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