Legal Question in Real Estate Law in India

my grandfather has 2 sons,my dad is youngest and he is a govt servant,his brother is a farmer,my granfather has 21 hectares of land.now my grand father is expired.since my dad's brother is a farmer,and my dad is a govt official,my dad's brother is not agreeing to give equal share to us .can we file a petition for equal share,and my dad owns few assets earned by him as he has served in govt for 26 years.Now can they claim for assests owned by my father considering it as earned when we were together and all,and they have contributed for it and all.please gime me advice.


Asked on 6/27/11, 5:04 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Assets purchased by your father from and out of his salary income can not be claimed by his brother or anybody.

If your grandfather died intestate and your father and his brother are only heirs, then they will share all the estate of grandfather equally. If brother of your father is not giving share of such estate to your father, then your father can file appropriate suit to claim his share.

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Answered on 6/27/11, 10:21 pm
Sanjay Kalra Sanjay Kalra & Associates

Your dad can file a suit for partition of your grand fathers property.

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Answered on 6/28/11, 4:41 pm


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