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. Also after the death of my grandfather, brothers mutually distributed the property as per an agreement on assistance of their elders. 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, 9:42 pm

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

It is a difficult situation. At best you may obtain a decree about ownership of your share; thereafter, it will be very difficult for you to get the property partitioned and enjoy your share. Try to reach an amicable settlement. The court process will be very uncertain, costly and time consuming.

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Answered on 7/24/11, 5:43 am
Shrichand Nahar S.V.Nahar, Advocate

If you have a share in any property, you can file a partition suit.

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Answered on 7/25/11, 1:41 am


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