Legal Question in Real Estate Law in India
Unfortunately our father expired on1 Nov 2008 leaving behind 5 heirs - a daughter and 4 sons , lot of immovable and movable property.Eldest son &family was living there since 5-6 years , and 2nd eldest son came to stay there with our father since 6 months as he retired from Army and other jobs .2 of youngest sons stay at Canada and daughter lives at Faridabad All of us ,who were staying out side,used to visit our father very frequently .since last 2=3 months of his life our father did not keep good health ,so all of us went to stay there . Because it was our father's house , nobody showed any grudge .As soon as our father demised , all rituals were over ,after one month of demise ,the eldest brother and his gunda type wife and 2 robust sons pushed everybody out with help of local police ,and locked the doors of the 1st flr of 279 sq yards of house where we all used to live with our parents went short when they are no more. Our brother is in possession of keys and also main entrance of the lockers ,rooms where he used to stay with father .They dispossessed us all .We are in litigation with him since 23 months The cases are on the verge of conclusion .The property is to be devided in 5 parts , but we are getting threaning calls from them to leave and widraw the cases otherwise we will bear the concequence .It is our perental house ,where our parents accumulated lot of valuables -silver gold ,cash & Fds all lying in our parents cupboards and jewllery.
How to get all thrat of our share ? please advise .
Thanks & regards
Dr s Chadha
1 Answer from Attorneys
You have already approached the Court with prayer of partition and according to you matter is likely to be over in near future. You can reasonably expect your due share by the Decree of the Court.
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