Legal Question in Real Estate Law in India
A Property stands in the name of smt. K who acquired the same by way of regd will on year 1979 from a none blood relation person.In her life time Smt K executed no document to effect the transfer of the property. the property stands in GHAZIA BAD U.P india . In the record od Nagar Nigam and Ghaziabad Development Authority it still stands in her name.Smt K since expired in 1996and her husbad also expired . There were 4 sons and 3 daughter to Smt. K. The legal heirs of one of K,s son are residing in the property . Now out of total 7 legal heirs 5 want to get their share in the property.Can they get their share and how?
4 Answers from Attorneys
yes, the other brothers and sisters have an equal right in the property and they can file a suit for partition in the civil court of ghaziabad. they should also seek a stay against the possessing brother. has the brother in possession transferred the property in his own name or not.
I agree with the above opinion.
Since the property acquired by Mrs.K by way of WILL, all the heirs would have equal rights in the property.So you can settle the issue in an amicable manner.
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