Legal Question in Family Law in India

My grandmother died intestate. My father is the eldest son. He has a younger brother who is 11 years younger. My grandfather died when my father was only 16. My father struggled a lot to educate himself and provide for mother and younger brother. Later he married my mother who was in USA and went to USA. He regularly sent back some money every month. We came back after 11 years since we were not doing well and started to stay with my Grandmother and uncle. They used to stay in rented house. But due to differences between my mother and grandmother we had to leave the rented house. My grandmother stayed with my uncle till she died. Recently my uncle got the ownership of a 2 BHK in the same premises instead of the rented flat.

Before my grandfather died he had bought a 1 BHK in a cooperative society in Mumbai. After his death it was in the name of my grandmother, my father and uncle. After she died my uncle said that some formalities have to be completed and took my father's sign on a PoT so that he can do the formalities on his behalf. Now when we ask to sell this property and take our share he refuses to do so. He says that my grandmother has taken a loan for my father's ticket to USA and now with the interest it has become a huge amount and compensates for our share. And also since he has taken care for my grandmother her share is his. He has filed a petition for succession. He has rented it out and He is a lawyer and a bank employee. We fear he has a lot of contacts and will twist the case in his favour. We are not doing very well and this money will really help us. Can you please advise us if we can file a case of partition against him.


Asked on 8/24/09, 8:39 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Yes, you may file a civil suit in the local courts.

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Answered on 8/24/09, 11:30 am


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