Legal Question in Real Estate Law in India

Hi,

Myself a lady aged 33yrs old. I belong to Kerala. My father expired 24 yrs back in an accident. My grandfather and grandmother are still alive. They have done the partition of their property among the remaining 3 sons excluding my father.The property is ancestral property.They have not given us even a single cents of land.

I would like to know whether I have the right to get a share of that ancestral property?

If so, where should I file the suit. What all documents would be required to file the suit.

If i fight for this said case will I win the case .

Whether i should file the case or my mother should file the case?

I being settled in Delhi, wud it be possible for me to fight this case sitting here in delhi without going to kerala.

Awaiting your reply.

Regards,

Nisha Nair


Asked on 5/27/13, 4:55 am

3 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

27.05.2013

Dear Nisha,

You can certainly challenge the partition of the property since your mother is eligible to get your deceased father's share of the same. The case is ideally lodged in the location of the property; the property being in Kerala, the case has to be filed there. You should engage a local advocate in Kerala to legally represent your mother.

Regards,

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Answered on 5/27/13, 5:03 am
shiv shakner saini saini law

The property is ancestral property.They have not given us even a single cents of land.

I would like to know whether I have the right to get a share of that ancestral property?

ANS.. yes you have legal right in said property.

2.should I file the suit

ANS. Must file suit at kerala where said property is situated.

3I being settled in Delhi, wud it be possible for me to fight this case sitting here in delhi without going to kerala.

ANS.you must go to Kerala for some time.

If need any more info, call on 09587744142

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Answered on 5/27/13, 12:38 pm
Shrichand Nahar S.V.Nahar, Advocate

You and your mother would be entitled to share of your father in the ancestral property.

You and/or your mother may file appropriate suit.

There are ways by which you may be able to fight major part of the suit sitting in Delhi.

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Answered on 6/07/13, 3:29 am


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