Legal Question in Family Law in India

Sir my father died on 29th march 2012....my father has two elder bros....now my mom wants the division bcs my fathres bros are not gud...our house(market valueis rs.1.5 cr. And 20 lacs loan was also taken in this hoyse) is an ancestral property bt fraudulently my father bro has registered tge house in his name and also one property(flat) (market value of flat is rs.1.75.cr and aldo 30 lacs loan was also taken on this flat)owned by us bt also the flat is registered in my fathers bros name bt it was purchased out of huf funds...the fund was got from the sale of a factory land......!!!
Now my fathers bros are saying that they will not give my mom any share in all this property.....now what my mom can do legally.....!!!!
We r staying ib the upper mentiined hoyse from past more than 20 yrs...!!
Pls tell me what my mon can do....!!!
Himanshu gupta

Asked on 6/18/12, 8:04 am

3 Answers from Attorneys

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Dear Mr. Gupta:

Both the properties, house and flat, since ancestral can be subject to partition/division under the law. Since the property already stands in the name of uncle, our burden would be to prove that the property was ancestral and/or purchased out of funds resourcing from ancestral properties. case for partition may be filed either by your mother or you or both.

Answered on 6/18/12, 8:09 am

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