Legal Question in Family Law in India

Property feud
My father was the eldest of 4 brothers & sisters.My grandfather's salary was barely enough to support all the 4 children & get his daughters married.My father contributed amply towards my two aunts' marriage.At that time, he & my uncle had been given verbal assurances by my grandparents that our family property.i.e. the building where my grandma is staying currently after my grandfather's death will be divided among the 2 brothers only.My dad expired back in 2003.My mother had to support herself & her daughters,me & my sister who is now 16 years on the meagre salary that we were receiving after my dad's death.Recently, my mother had demanded the share from the property that had been promised to us.However,now my grandmother refuses saying that the house will be divided into 5 portions, 4 for the siblings & 1 for herself.Even that was acceptable to us but my grandmother in connivance with my younger aunt is refusing to divide the property in any definite period citing some reason or the other.Our relatives taking advantage of the fact that there is no male member in my immediate family have simply turned a deaf ear to all our pleas.My mother has also suffered humiliation at the hands of my uncle & aunt.Is there any law to help us?

Asked on 3/14/07, 6:01 am

7 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Property feud

You have a right to claim your share by seeking partition of the property. Legally, u are entitled to a share. There shall be pratical problems in your case because :

(a) Your family is entitled only to one fifth share in the property; since property is only, there will be difficulties in partition;

(b) the civil litigation of this nature is very protracting; you will first have to go for a preliminary decree and after that for a final decree;

(c) despite ur rights, u should not really depend upon fruits of this intended litigation because timing of getting this fruit in a tangible form in the hands of ur famnily are so uncertain that it may become useless by the time u get it.

Sudershan Goel

Answered on 3/18/07, 5:49 am

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