Legal Question in Real Estate Law in India

My father was died. we three male sons and mother. And we got the legal hirers of four. My father not written any Will. But he told something about the property separation as wording. All are accepted and decided to separate the property as per our father's wording. But my elder brother (1st son) making problem for property separation and decided not to give any thing to mother. And he always blackmailing others without me you can't do any separation. Is there any possible to aviod his idea of cheating Mother and without his approval?


Asked on 1/27/13, 11:16 am

5 Answers from Attorneys

Jayesh Desai Jayesh Desai

I presume you are governed by Hindu Law. Your mother is entitled to one share in your father's property by law. It is correct that the four of you, 3 brothers and mother are all 4 jointly legal heirs of your father.

You can file suit for partition, demanding equal share for all 4, and no one can oppose the same.

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Answered on 1/27/13, 11:20 pm
Setu Niket Curare Legal

You can file suit for partition and seek interim injunction to prevent your brother from selling of the property.

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Answered on 1/28/13, 4:53 am
Shrichand Nahar S.V.Nahar, Advocate

May be.

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Answered on 1/29/13, 1:32 am
Sanjay Kalra Sanjay Kalra & Associates

File a suit for partition for all four of you will get equal share in your fathers property......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 1/29/13, 2:26 am

dear client...

No you need to get the property seprated among all including ur mother

for detail contact at [email protected]

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Answered on 2/01/13, 11:29 pm


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