Legal Question in Real Estate Law in India

My grandmother expired some 34 years ago, owner of residential property in Delhi. My grandfather (expired), three sons, three sisters (two expired) were the beneficiaries. Now I'm the eldest son of my father (also eldest), want claim in the property. My mother too expired in year 1988,has two sons and two daughters (one expired). My father married a lady in 1990-91 but soon broke up without divorce, and some year later married again and has a son from this relation wants to give his share to third wife. He always try to discriminate me and leaves no stone to harass me . Due to his nature I had to leave his house, but soon requested me to come back (two times) as per his requirements. Second time again he ditched me and I had to pay his due rent nearly one lakh rupees from my pocket as well. On many other occassions he ditched me. Kindly suggest me how can I claim my share in this property alongwith the name of competent advocates who can successfully fight a case for me. Kdly note my father has backup of advocates in his family too.
J.P.S

Asked on 7/22/11, 9:32 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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you need to file a suit for partition of the ancestral property and demand a share out of the share that your father holds. Once you file a suit for partition and mesne profits, also move an application for grant of stay against the properties so that your father or other legal heirs do not create any third party interest in the property by way of sale/lease or possession. you need not worry about back up of advocates as you have a legal right in the property and well within the law to claim the same.

Answered on 7/22/11, 11:28 pm

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